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Female Offenders and Reentry: Pathways and Barriers to Returning to Society
by Catherine D. Marcum Lisa M. CarterOften, research concerning the female offender is scarce. This book adds to the criminological literature on the topic of reentry for women, focusing on the barriers women face as they return to society and adjust to life after incarceration. Each chapter addresses specific issues, challenges, and obstacles affiliated with the hindrance of successful reentry processes associated with female offenders, as well as data-driven empirical studies. While corrections has often misunderstood or overlooked the needs of returning offenders, the shortcomings of the institutions have a greater impact on women than on their male counterparts, particularly regarding the occurrence of social and medical problems, especially those related to mental health and substance abuse. Female Offenders and Reentry helps criminal justice students and practitioners see the full picture when considering the challenges faced by female offenders reintegrating into society.
Femicide and the Law: American Criminal Doctrines
by Hava DayanThis book explores femicide, and scrutinizes the three key American criminal doctrines usually applied in its cases: provocation; the felony murder rule; self-defence. The book also explores the influence of the American Model Penal Code, and proposes, connected to the various criminal doctrines applicable to femicide, a focused and detailed amendment to the Code containing unique features and a formula providing a socio-legal response to issues that the author believes have not yet been adequately addressed. Though primarily focused on femicide in America, the issues discussed are of global relevance due to the tragically widespread nature of femicide, and the book also makes significant contributions to the legal discourse of many other countries with similar legal structures.
Femicide, Criminology and the Law
by Hava Dayan Yifat BittonThis book offers an interdisciplinary perspective on femicide, using Israel as an illuminating case study, given its diverse communities and common-law-based legal system. Utilizing analytical alongside practical perspectives, the book offers a novel crimino-legal approach to femicide. In addition to its interdisciplinary novelty, the book presents originality in going beyond the more usual focus on the central victims and the common legal tools. Here, the authors extend the analysis to secondary victims of femicide and examine the applicability of second-tiered relevant legal tools, mostly tort law, as a means for gaining justice for the victims. This explorative journey culminates with the authors’ definition of femicide as a quintessential "crime of distinct nature". In the context of current international pledges to better understand and consequently better fight femicide, this work allows readers to comprehend the phenomenon and the ways to abolish it. The book will be an invaluable resource for academics, researchers and policy makers working in the areas of criminal law, tort law, family law, criminology and gender studies, as well as for legal theorists and criminologists seeking integration of both disciplines.
Feminism Unmodified: Discourses On Life And Law
by Catharine MacKinnonCatharine A. MacKinnon, noted feminist and legal scholar, explores and develops her original theories and practical proposals on sexual politics and law. These discourses, originally delivered as speeches, have been brilliantly woven into a book that retains all the spontaneity and accessibility of a live presentation. MacKinnon offers a unique retrospective on the law of sexual harassment, which she designed and has worked for a decade to establish, and a prospectus on the law of pornography, which she proposes to change in the next ten years. Authentic in voice, sweeping in scope, startling in clarity, urgent, never compromised and often visionary, these discourses advance a new theory of sex inequality and imagine new possibilities for social change. Through these engaged works on issues such as rape, abortion, athletics, sexual harassment, and pornography, MacKinnon seeks feminism on its own terms, unconstrained by the limits of prior traditions. She argues that viewing gender as a matter of sameness and difference--as virtually all existing theory and law have done--covers up the reality of gender, which is a system of social hierarchy, an imposed inequality of power. She reveals a political system of male dominance and female subordination that sexualizes power for men and powerlessness for women. She analyzes the failure of organized feminism, particularly legal feminism, to alter this condition, exposing the way male supremacy gives women a survival stake in the system that destroys them.
Feminism and Bioethics: Beyond Reproduction
by Susan M. WolfBioethics has paid surprisingly little attention to the special problems faced by women and to feminist analyses of current health care issues other than reproduction. Feminism & Bioethics: Beyond Reproduction aims to counterbalance this one-sided approach. A breakthrough volume of original essays authored by leading figures in bioethics and feminist theory, it moves beyond reproduction and nursing, taking bioethics into new territory. The book starts with an investigation of the relationship between feminism and bioethics and introduces different approaches to the problem. Chapters stress the importance of liberal feminism which prefers feminist over feminine analysis, integrate the experience of women of color, draw from the women's self-help movement, and apply feminist standpoint theory. In the second part of the book, contributors view various bioethical problems from a feminist perspective: euthanasia, AIDS, the definition of health, doctor-patient communication, the Human Genome Project, the conduct of biomedical research, and health care reform. They examine the pros and cons of the application of gender and feminism to bioethics. This provocative volume is bound to change and broaden the way bioethicists, students, patients, and the public consider bioethical issues.
Feminism, Law, and Religion (Gender in Law, Culture, and Society)
by Marie A. Failinger Elizabeth R. Schiltz Susan J. StabileWith contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on women's rights and the place that religious law has assigned to women in ecclesiastic life. Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.
Feminism, Postfeminism and Legal Theory: Beyond the Gendered Subject?
by Dorota Gozdecka Anne MacduffThere is much debate about postfeminism, what it is, and its role in feminist politics. Whilst postfeminism has become increasingly influential in the study of literature, popular culture, and philosophy, it has so far received comparatively little attention in law. This book aims to remedy this situation. The book brings together feminist legal scholars working in different contexts to examine the idea of postfeminism and assess its contemporary relevance. It explores a range of questions including the following: Does postfeminism describe an age that follows modernism, an age where identity politics has realised its goals and feminism is no longer needed? Or does postfeminism describe the feminism of a postmodernist age where identity can mean anything at all? Or, differently again, does the term capture a ‘new feminism’ that discredits feminism and attempts to reshape its political consciousness? And what might the answers to these questions mean for law and legal theory, and a feminist politics of law reform?
Feminism, Violence Against Women, and Law Reform: Decolonial Lessons from Ecuador (Social Justice)
by Silvana Tapia TapiaOffering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today’s dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.
Feminist Advocacy, Family Law and Violence against Women: International Perspectives (Routledge Studies in Development and Society)
by Ann Elizabeth Mayer Mahnaz Akhami Yakın ErtürkAround the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.
Feminist Approaches to Law: Theoretical and Historical Insights (Gender Perspectives in Law #1)
by Dragica Vujadinović Antonio Álvarez del Cuvillo Susanne StrandThis book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only to critical legal scholars but also all those belonging to mainstream legal and political thought.
Feminist Constitutionalism: Global Perspectives
by Beverley Baines Daphne Barak-Erez Tsvi KahanaConstitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into five parts: I) feminism as a challenge to constitutional theory; II) feminism and judging; III) feminism, democracy, and political participation; IV) the constitutionalism of reproductive rights; V) women's rights, multiculturalism, and diversity. As a collection, the book seeks to examine, challenge and indeed redefine the very idea of constitutionalism from a feminist perspective and VI) women between secularism and religion.
Feminist Counselling and Domestic Violence in India
by Padma Bhate-Deosthali; Sangeeta Rege; Padma PrakashMainstream counselling in domestic violence often fails to address critical issues, such as gender socialisation processes and the abuse of power that allows violence against women, and focuses primarily on the intra-psychic nature of individual women. In contrast, feminist counselling is an effective alternative model, owing to its ability to address the fundamental correlation of abuse with power. In going beyond the individual, it helps women locate the source of their distress in the larger social context of power and control, manifesting in intimate, interpersonal relationships, and enables them to resist systemic oppression.This volume offers one of the first systematic documentations of feminist psychosocial interventions in India. It situates the issue of domestic violence in the historical context of the women’s movement, and examines institutional factors such as family and marriage that perpetuate abuse. Using extensive case studies, it discusses the methods, principles, techniques, skills and procedures followed by feminist organisations across the country, and their role in women’s empowerment. The book will serve as a practical reference guide to practitioners such as social workers, counsellors and para-counsellors, health activists, grassroots workers, protection officers and service providers. It will also be useful to scholars and students of psychology, sociology, women’s studies, law and public policy.
Feminist Cyberlaw
by Meg Leta Jones and Amanda LevendowskiA free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. This vibrant and visionary reimagining of the field of cyberlaw through a feminist lens brings together emerging and established scholars and practitioners to explore how gender, race, sexuality, disability, class, and the intersections of these identities affect cyberspace and the laws that govern it. It promises to build a movement of scholars whose work charts a near future where cyberlaw is informed by feminism.
Feminist Encounters with Legal Philosophy
by Maria DrakopoulouPresenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Feminist approaches to law usually take the form of either critical engagements with legal doctrine, legal concepts and ideas, or critical assessments of the effects that specific areas of law have upon the lives of women. This collection, however, although rooted in feminist legal scholarship, takes the established canon of legal texts as the object of inquiry. Taking as their common starting point the fact that legal texts are plural and open to multiple readings, all the contributions in this collection offer subversive, but supplementary, interpretations of the legal canon. In this respect, however, they do not merely sustain an array of feminist styles and theories of reading; revealing and re-appropriating the plural space of legal interpretation, they seek to open a hitherto unexplored arena for a feminist politics of law. Feminist Encounters with Legal Philosophy is a thoroughly researched interdisciplinary collection that will interest students and scholars of Law, Philosophy, and Feminism.
Feminist Epistemology and Philosophy of Science
by Heidi E. GrasswickHaving enjoyed more than twenty years of development, feminist epistemology and philosophy of science are now thriving fields of inquiry, offering current scholars a rich tradition from which to draw. In addition to a recognition of the power of knowledge itself and its effects on women's lives, a central feature of feminist epistemology and philosophy of science has been the attention they draw to the role of power dynamics within knowledge-seeking practices and the implications of these dynamics for our understandings of knowledge, science, and epistemology. Feminist Epistemology and Philosophy of Science: Power in Knowledge collects new works that address today's key challenges for a power-sensitive feminist approach to questions of knowledge and scientific practice. The essays build upon established work in feminist epistemology and philosophy of science, offering new developments in the fields, and representing the broad array of the feminist work now being done and the many ways in which feminists incorporate power dynamics into their analyses.
Feminist Ethics (Elements in Ethics)
by Anita M. SupersonFeminist Ethics provides an overview of feminist contributions to normative ethics, moral psychology, and metaethics. It argues that through their criticisms of traditional ethics and proposals for changes, feminists are advancing 'robust agency,' an account of ideal moral and rational agency that promises to give us better responses than those given in traditional ethics to problems in ethics, including how we know our duties, the kind of persons we should strive to become, and why we should act morally.
Feminist Ethics and Social and Political Philosophy: Theorizing the Non-Ideal
by Lisa TessmanFeminist Ethics and Social and Political Philosophy: Theorizing the Non-Ideal is a collection of feminist essays that self-consciously develop non-idealizing approaches to either ethics or social and political philosophy (or both). Characterizing feminist ethics and social and political philosophy as marked by a tendency to be non-idealizing serves to thematize the volume, while still allowing the essays to be diverse enough to constitute a representation of current work in the fields of feminist ethics and social and political philosophy. Each of the essays either serves as an instance of work that is rooted in actual, non-ideal conditions, and that, as such, is able to consider any of the many questions relevant to subordinated people; or reflects theoretically on the significance of non-idealizing as an approach to feminist ethics or social and political philosophy. The volume will be of interest to feminist scholars from all disciplines, to academics who are ethicists and political philosophers as well as to graduate students.
Feminist Heidegger: Sex, Gender, and the Politics of Birth (SUNY series in Contemporary Continental Philosophy)
by Jill DrouillardA feminist reading of how Heidegger may have responded to an unanswered questioned he posed in 1923, "Problem: What is woman?" while using his thought to better understand how contemporary society replies to questions in the realms of law, bioethics, pedagogy, and politics.This book begins with an unexplored and unanswered question that Martin Heidegger raises in a 1923 Freiburg course: "Problem: What is woman?" Yet, why should we care that Heidegger raises this "problem"? What could he, a member of the National Socialist Party, help feminists understand about responding to "the woman question"? How can Heidegger help us understand our own historical climate in which this question continues to hold significance? Jill Drouillard divides Heidegger's thought into two categories to think about the sexed/gendered experiences that coordinate our birth: (1) the one that suspends "the woman question" and that provides useful resources for thinking the fluidity of sex/gender, and (2) the one that provides a totalized reply to this query by manipulating tropes of the feminine to advance a politico-poetic project of Nazi politics. She uses Heidegger as a cautionary tale to demonstrate the harm that occurs when society tries to define the being (or "what is") of woman in any definite sense. In some chapters, she teases apart how Heidegger may have offered a reply to "the woman question" and, in others, shows what happens in today's society when law, bioethics, politics, and pedagogy reckon with this query.
Feminist History of Philosophy: The Recovery And Evaluation Of Women's Philosophical Thought
by Eileen O’Neill Marcy P. LascanoOver the course of the past twenty-five years, feminist theory has had a forceful impact upon the history of Western philosophy. The present collection of essays has as its primary aim to evaluate past women’s published philosophical work, and to introduce readers to newly recovered female figures; the collection will also make contributions to the history of the philosophy of gender, and to the history of feminist social and political philosophy, insofar as the collection will discuss women’s views on these issues.The volume contains contributions by an international group of leading historians of philosophy and political thought, whose scholarship represents some of the very best work being done in North and Central America, Canada, Europe and Australia.
Feminist Judgments
by Stanchi, Kathryn M. and Berger, Linda L. and Crawford, Bridget J. Kathryn M. Stanchi Linda L. Berger Bridget J. CrawfordWhat would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.
Feminist Judgments: Corporate Law Rewritten (Feminist Judgment Series: Rewritten Judicial Opinions)
by Anne M. Choike Usha R. Rodrigues Kelli Alces WilliamsCorporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.
Feminist Judgments: Health Law Rewritten (Feminist Judgment Series: Rewritten Judicial Opinions)
by Lindsay F. Wiley Seema MohapatraThis volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, long-term care, private health insurance, Medicaid coverage, the Affordable Care Act, and more.
Feminist Judgments: Reproductive Justice Rewritten (Feminist Judgment Series: Rewritten Judicial Opinions)
by Kimberly M. MutchersonReproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.
Feminist Judgments: Rewritten Criminal Law Opinions (Feminist Judgment Series: Rewritten Judicial Opinions)
by Sarah Deer Bennett Capers Corey Rayburn Yung'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.
Feminist Judgments: Rewritten Employment Discrimination Opinions (Feminist Judgment Series: Rewritten Judicial Opinions)
by Ann C. McGinley Nicole Buonocore PorterHow would feminist perspectives and analytical methods change the interpretation of employment discrimination law? Would the conscious use of feminist perspectives make a difference? This volume shows the difference feminist analysis can make to the interpretation of employment discrimination statutes. This book brings together a group of scholars and lawyers to rewrite fifteen employment discrimination decisions in which a feminist analysis would have changed the outcome or the courts' reasoning. It demonstrates that use of feminist perspectives and methodologies, if adopted by the courts, would have made a significant difference in employment discrimination law, leading to a fairer and more egalitarian workplace, and a more prosperous society.