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The legal requirement of consent presumes women conduct their sexual relations in the twenty-first century from a place of increased sexual liberation and agency, concealing the sexual double standard by which female sexual behaviour is judged. Consent-based reforms on their own, therefore, provide little recourse for rape victims when evidence of their past sexual history or sexual behaviour, such as flirting or sexting, may be admissible at trial. Informed by a thematic analysis of District and Supreme Court judgments from South Australia between 2012 and 2023, this article explores how accused persons may rely upon a victim's sexual history or behaviour to create a narrative of implied consent or to support their belief in consent. Considering these findings, I argue that the progression towards more egalitarian sexual attitudes remains a double-edged sword for women as it sanctions their portrayal as sexual agents while concealing their vulnerability to rape. [ABSTRACT FROM AUTHOR]

In the wake of the devastating second wave of the pandemic in India, I taught an elective subject called 'A Politics of Frivolity? Feminism, Law and Humour'. I offered a subject that intellectually embraced frivolity, precisely for the purpose of responding to the serious anguish and hopelessness of the pandemic. That the study of law is serious business works as (almost) a truism. Understandably, laughter seldom goes with it. Feminists, and feminisms, have also attained a similar reputation or stereotype of being humourless and killjoys. Given this antithetical relationship that humour and laughter shared with both law and feminism, their friendship was not easily foreseeable, working to infuse their combined study with an element of surprise and incongruity. This essay offers an account of my experience of teaching the subject during these dark times. It is a reconstruction partly from my class notes and partly from scribblings and memory. I reflect on a selected set of materials that I taught in the class, how these were received, the questions they raised and how the context enlivened the materials. [ABSTRACT FROM AUTHOR]

The article highlights law professor Martha Chamallas' scholarship relating to gender, law, and feminism. Topics discussed include feminism's influence on law, the various models of feminist legal theory, and the feminist-inspired approach to the regulation of sex which Chamallas calls the egalitarian approach.

In this paper, I discuss the impact that women judges have made in property law outcomes in Kenya. The study shows that women judges were able to influence a feminist jurisprudence in matrimonial property and inheritance disputes peripherally even though they were not sitting in some of those cases – through trainings of other [male] judges and informal interactions with colleagues. I argue that there is need to focus lens on the collaborative and networking programmes of women judges to bring about institutional change as opposed to a focus on individual women judges. The findings suggest that studies that focus on individual [women] judges have far less potential to uncover the impact of collective efforts of women judges. Existing studies are based largely on Anglo-American positivist methodologies that are based on methodological individualism over collectivism. It is no wonder that the collective efforts of women judges under the auspices of the International Women Judges Association has received little to no scholarly attention. [ABSTRACT FROM AUTHOR]

This paper is an attempt to re-imagine a 2016 Division Bench judgement of the Supreme Court of India in an appeal against conviction for rape, through a feminist dissent. The imaginary dissent is situated in the time and place of when the majority decided the appeal and significantly departs, both methodologically and substantively, from the majority opinion. It does so by according primacy to the complainant's testimony and evaluating it independently of the other evidence on record, including the medical evidence. The accompanying commentary sets the judgement in the context of the socio-legal framework in which it was delivered and highlights the ways in which the dissent demonstrates the possibility of writing a feminist judgment even while adhering to the limits set by applicable law. [ABSTRACT FROM AUTHOR]

Through an examination of the late nineteenth century case of Dadaji Bhikaji v Rukhmabai this article traces the history of the doctrine of restitution of conjugal rights ("RCR") in Hindu law in colonial India. It highlights the importance of caste in situating the life and trials of Rukhmabai in their wider social, colonial, and legal contexts. Following the methodology of the global feminist judgements projects, the paper also offers a re-written judgement for Rukhmabai's case located in 1886. This new judgement, while bound by the legal rules of the time, puts forward an alternative application of the doctrine of RCR, one that treats the issue of consent as central to such suits. It argues that the legal transplant of RCR ought not to have been applied to Hindu marriages which are often entered into in childhood and makes a case for taking into account female consent to both marriage and to conjugal relations. [ABSTRACT FROM AUTHOR]

The Supreme Court's judgement in State of Uttar Pradesh v Kaushailiya ("Kaushailiya") affirmed the constitutionality of section 20 of the Suppression of Immoral Traffic in Women and Girls Act 1956. Our "alternative judgement" and commentary challenge the reasoning of the bench in that case from a feminist perspective, including Subba Rao J's implicit use of concepts of contamination and pollution to support his Lordship's reasoning. [ABSTRACT FROM AUTHOR]

The assumption that peace mediation is gender-neutral reproduces and reinforces the already gendered aftermath(s) of war. Peace mediation is a multilayered conflict resolution mechanism that ranges from grassroots peacebuilding to high-level diplomacy. As a 'language of peace', international law has become foundational in high-level peace mediation processes and institutions. International legal feminist and queer theory are critical of international law for its gendered and heteronormative frameworks that reinforce the binaries of war/peace, masculine/feminine or heterosexual/homosexual. Global governance gender law reforms, such as the Women, Peace and Security agenda, are part of the institutional frameworks that guide peace mediation processes. High-level peace mediators are also members of an 'epistemic community' regulated by international and regional organisations. The article analyses how masculine and heteronormative international legal institutions and experts shape peace mediation's already gendered processes and outcomes. The article concludes that contemporary peace mediation approaches must be rethought and that alternatives to the traditional peace table must be imagined. [ABSTRACT FROM AUTHOR]

This survey of the Supreme Court of Canada's pivotal anti-discrimination rulings over a 30-year period assesses the extent to which the shifting nature of the grounds approach and the Court's conceptions of dignity together form part of a gendered system of enunciation at the intersection of autonomy, identity and affect. This article is written as a corrective to some of the author's early optimism about the possibilities that dignity may offer in the context of constitutional equality rights cases and as a cautionary tale for those who would attempt to use it as a vehicle for rights claiming through the courts. These cases reveal that in the context of Canadian anti-discrimination law, the concept of dignity is most often used to circumscribe agency, limit subjectivity and curtail possibilities for redress by reducing large scale structural problems to the individual in ways that reproduce law's originary violence. [ABSTRACT FROM AUTHOR]

This intervention queries whether subjecting feminist jurisprudence to a methodological transfiguration toward pragrammatology (Derrida, in Smith and Kerrigan 1984) holds liberating potential for f (be it 'woman', 'female' or 'feminine') as both a signifier and a subject to be read with lucidity and nuance in feminist justice claims. I examine feminist jurisprudence's methodological challenges in the settler colonial context of Alaska with respect to the murders of Della Brown (in 2000) and Mindy Schloss (in 2007). I advance my case for pragrammatology as a critical methodology for feminist jurisprudence by subjecting the case(s) of Brown and Schloss to a more lucid (re)reading in two related and intersecting moves. First, I trace and deconstruct the citations of Brown and Schloss' legal narratives to expose violence in the systemisation of f as a power and legal relation (Ahmed in Soc Legal Stud 4:55–73, 1995). I then examine the paradoxical nature of f justice claims which necessitate a pragrammatological approach. I conclude by advancing counsel on how we might move within paradox. [ABSTRACT FROM AUTHOR]

The article discusses the need to include feminist ethics and the moral experience of women in constructing model rules of professional conduct. Also cited are the reasons why the existing jurisprudence is masculine, the need for feminist jurisprudence to achieve true gender equality, and the differences of morality in masculine and feminine thought.

The article talks about heterosexual woman in powerlessness. Topics discussed include radical feminist work on sexuality has been critiqued by queer, sex-positive feminists for her disinvestment in women's sexual pleasure and her watertight positions on the meanings and effects of pornography; articulation of the constitutive relationship between everyday sexuality and sexual violence; and articulation of the problem, sexuality, and the proposed solution, feminist jurisprudence.

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Feminists have spent decades trying to reform laws and evidential procedures relating to sexual assault. Using the current Scottish context as a case study, I will argue that while efforts to reform the text of the substantive as well as evidential and procedural aspects of the law have been largely successful, in practice the impact of these reforms has not always been felt. Drawing on contemporary examples from Scotland, and setting these within the broader context of similar problems and arguments in other jurisdictions such as England and Wales, Australia and Canada, I will examine the ways in which the 'laws on the books' have not always translated smoothly through to 'law in action'. The aim is to highlight an ongoing failure on the part of those charged with applying the law (judges, legal professionals, juries) to do so appropriately, raising the question of whether it makes sense for feminist scholars to try to engage with what seems like the entrenched 'sensibilities' of criminal law. It may well be that the contemporary battle ground is not over legal territory as such, but over whose voices are heard in public debates on sexual violence. Ultimately, I argue that our all too frequent failures to punish sexual violence in a meaningful way suggests that we need to think again about how we deal with issues of sexual violence in contemporary society. [ABSTRACT FROM AUTHOR]

This article uses Nicola Lacey's 1998 book Unspeakable Subjects as a prompt to consider the potential of feminist jurisprudence to develop methodologies that focus on the foundational dimensions of law. I therefore explore possibilities for a feminist account of legal subjectivity that uses Lacey's account of critique, utopias and reform to articulate three interlocking feminist methodologies which I label split subjectivities, plural subjectivities and political responsible listening. I argue that these feminist inspired methodologies draw in understandings of difference and of the centrality of inter-subject relations as the important dimensions of humanness that accounts of autonomy overlook, before challenging the text to further consider which voices, and knowledge practices, remain silenced by feminist legal methodologies. To realise these ideas in strategies for law reform I argue for feminist listening that exercises care through the centring of accounts that emerge from those whose normative universe is more often particularised or discounted in law arrangements. As such, the article addresses legal subjectivity through the lens of intersectionality but with a jurisprudence that seeks to transcends the constraints of identity politics and through attention to indigenous Australian feminisms. [ABSTRACT FROM AUTHOR]

The article explores how U.S. homestead laws can be used as a way to understand and define home, with focus on the differing ways the law defines urban and rural homesteads. Topics covered include the history of homestead laws which is feminist in nature, the historical and current protections for homesteads, and the urban/rural parameter distinction and how homestead laws can provide a definition of home.

This article discusses the order of the Boletín Oficial del Estado de España (Official Bulletin of the State of Spain) of September 1, 2018, regarding the Acuerdo del Consejo de Ministros (Agreement of the Council of Ministers) on reforms to the criminal code in relation to gender. The author comments on the relation of constitutional rights and feminism as addressed by these reforms.

An introduction is presented in which the author comments on the articles in this issue, including one on constitutional rights of legislators in Peru, one on personal autonomy, and one on feminism and law.

This article offers a review of shifts in feminist legal theory since the early 1990s. We first use our respective histories and fields of expertise to provide a brief overview and highlight some key themes within feminist legal theory. We then examine Social & Legal Studies (SLS), asking whether it has met its key goal of integrating feminist analyses at every level. Our review suggests that SLS has offered many important contributions to feminist legal scholarship but has not fulfilled its lofty goal of integrating feminist analyses at every level of scholarship. It features feminist work quite consistently and some degree of mainstreaming is evident, as is the international reach of SLS. Too many articles fail, however, to incorporate or even mention feminist approaches. We end with thoughts about, and hopes for, the future of legal feminism, examining efforts to revitalize the field and suggesting possible directions for the future. [ABSTRACT FROM AUTHOR]

Public health experts agree that sexual violence constitutes a significant public health issue. Yet criminal law dominates rape law almost completely, with public health law playing at best a small supporting role. Recent civil law developments, such as university disciplinary proceedings, similarly fixate on how best to find and penalize perpetrators. As a result, rape law continues to spin its wheels in the same arguments and obstacles. This Article argues that, without broader cultural changes, criminal law faces a double bind: rape laws will either be ineffective or neglect the importance of individual culpability. Public health law provides more promising terrain for rape prevention because it is a strong legal framework that can engage the complex causes of rape, including the social norms that promote sexual aggression. While criminal law can only punish bad behavior, public health interventions can use the more effective prevention strategy of promoting positive behaviors and relationships. They can also address the myriad sexual behaviors and social determinants that increase the risk of rape but are outside the scope of criminal law. Perhaps most importantly, public health law relies on evidence-based interventions and the expertise of public health authorities to ensure that laws and policies are effective. Transforming rape law in this way provides a framework for legal feminism to undertake the unmet challenge of “theorizing yes,” that is, moving beyond how to protect women’s right to refuse sex and toward promoting and exploring positive models of sex. Criminal law is simply incapable of meeting this challenge because it concerns only what sex should not be. A public health framework can give the law a richer role in addressing the full spectrum of sexual attitudes and behaviors. [ABSTRACT FROM AUTHOR]

The purpose of the article is to study the intellectual background and practical implementation of the so called "feminist foreign policy" of Sweden since the general election in 2014. Where did it come from and what sort of policies does it involve? The article thereby covers the description and analysis of a number of policy programmes, as well as an early analysis and discussion of their consequences, using strategic theory as a framework for analysis. The article finds that there is plenty of continuity in the feminist stance, but that the announcement of a feminist foreign policy has added both emphasis and new implementation programmes and approaches. The biggest difference might however be in the external interpretation of Swedish foreign policy, indicating that feminism may be a much sharper instrument, and of greater impact, than anticipated in policy circles. [ABSTRACT FROM AUTHOR]

In this essay, I aim to engage the growing body of scholarship that employs Indigenous feminist theories to understand and mobilize against the sexual and gendered violence committed against Native peoples. To accomplish this, I construct a Native feminist analysis of the 2010 Tribal Law and Order Act. I posit that despite the overwhelmingly positive characterizations of the legislation as "historic" in its potential to address violence against Native women and reduce crime in Indian country, a Native feminist reading of the Tribal Law and Order Act illuminates the degree to which the Act emerges from, engages with, and advances settler colonial and heteropatriarchal logics that cause violence against Native women in the first place. I suggest that although the Act does contain measures that have the potential to alleviate the experience of violence in Native women's lives, it also diminishes tribal sovereignty, perpetuates the ongoing encroachment of tribal jurisdiction, regulates the boundaries of Native identity, and limits our ability to envision and enact practices of decolonization. [ABSTRACT FROM AUTHOR]

This article argues for the value of narrative criminology for feminist explanations of women’s lawbreaking. Contemporary theories note the significance of material gendered inequalities; however, narrative offers a way to include discursive aspects of gender. Drawing on recent developments in narrative criminology, this article analyzes how women may “talk themselves into” lawbreaking. Analysis draws on interviews with three women with diverse experiences in the drug trade and shows how drug trafficking was narrated as impossible, meaningful, and inevitable. A narrative approach therefore offers ways to understand how for some women, under some circumstances, lawbreaking may become meaningful. [ABSTRACT FROM AUTHOR]

Margaret Thornton's The Liberal Promise was published in 1990. In this interview, conducted at the ANU College of Law on 3 February 2015, Margaret Thornton discusses with Ann Genovese three broad, and interrelated, questions. One is the achievement of The Liberal Promise, the conditions of its production and publication and Margaret's experience as a feminist scholar through that process. Another is how the book contributes and speaks to an Australian feminist jurisprudence. The third concerns the difficulties of addressing the obligations of our own recent feminist past — when it is so close, yet also difficult to see and hard to record. [ABSTRACT FROM PUBLISHER]

Taking the title of Duncan Kennedy's essay as an invitation to think about political form, I want to draw on the 'style' of gender and legal theory that Kennedy advances. To this end, I don't engage with the specific arguments advanced in Sexy Dressing but read it as an essay performing a form of political intervention that may be best understood by unveiling the elements of that form. In an effort to highlight the work of different elements, I describe them through the following nomenclature: the Sacred, the Profane, Erotics, Conflict, Voodoo and Risk. These function as shorthand code for the form of political engagement that Sexy Dressing manifests--although, significantly, not as a manifesto. [ABSTRACT FROM AUTHOR]

The objective of this paper is to provide an update to psychiatrists regarding the new Brazilian Law for the Inclusion of People with Disabilities (BLI, Law 13,146 of 2015), and, specifically, to discuss potential implications of situations in which examination by a forensic psychiatrist points toward civil incompetence, while the above-mentioned law mandates full civil capacity for disabled persons. A study of Law 13,146/2015 was conducted, including a comparative analysis of legal and psychiatric approaches on the subject. This analysis revealed that the BLI has generated differences of opinion among legislators. However, the greatest difference seems to arise between the justice system and psychiatric expertise in relation to the difference of criteria adopted in the two approaches. The BLI is very recent; it should be revised in response to debates among psychiatrists and the criminal justice system, and especially as jurisprudence is formed over time. [ABSTRACT FROM AUTHOR]

Cultural and religious practices are critical to explaining Afghanistan's dreadful reputation concerning the preservation, protection, and promotion of women's rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women's issues exist within the private realm. Accordingly, they assert that re forms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. Using the notion of state strength, this Paper advances the idea that the discourses countering the lack of official action in ending discrimination must emphasize that unless women's role in contemporary Afghan society is strengthened, the state will continue to remain weak. [ABSTRACT FROM AUTHOR]

The article looks at debates over a proposed uniform civil code (UCC) for all Indian citizens, with a particular focus on feminist critiques of the UCC. The author examines the relationship between individual rights and the rights of minorities as codified in the UCC. Topic discussed the concept of uniformity, the Hindu Nationalist political party the Bharatiya Janata Party (BJP), heteronormativity, and women's property rights.

In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged 'in a process of creating myths about myths' in a way that serves to close down and limit productive debate in this 'vexed' area. In this article we argue that Reece's analysis is methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece's analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and (re)map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned. [ABSTRACT FROM AUTHOR]

The article focuses on the role and efforts of Angela Harris, a legal scholar of critical race theory (CRT), feminist legal scholarship and criminal law in the upliftment of the position of black women in the U.S. legal academics. Topics discussed include role of CRT in improving the condition of black women in the jurisprudence, efforts of Angela in preventing racial discrimination and her role in preventing anti-essentialism. It mentions her efforts in improving the social justice.

The article discusses Native American experiences with child protective services in relation to legal protections for Native American mothers and children as of 2014. Feminist legal theories regarding equality and difference are mentioned, along with the role of gender in the criminal charging and sentencing processes in America. Feminist lawyering and the U.S. criminal justice system are examined, as well as sex discrimination litigation involving women the U.S.

Although feminists have historically engaged the law for political purposes, this article traces critiques of such engagements from early feminist legal theory to poststructuralist feminist thought. While early feminist legal theorists understood the law as patriarchal and oppressive, poststructuralists suggest that the law is productive. This theory of law would seem to necessitate reimagining how feminists might engage law. However, poststructuralist feminist thinkers argue that activists should eschew legal tactics in favor of political practices of resignification, collectivity, and agonistic democracy. Thus, these thinkers construct an opposition between law and politics that fundamentally contradicts their understanding of law as productive. Through an examination of this contradiction, the article shows that these thinkers implicitly share a conception of law as oppressive with early feminist legal theorists. Therefore, the poststructuralists fail to fully develop the insights of their own theory. Through a case study of the unionization of San Francisco's Lusty Lady strip club in 1996, the article demonstrates how law is both productive and not inherently opposed to politics; it not only shows how law and politics are dynamically connected, but also how law can, at times, bolster politics. Thus, the article rethinks the place of law in feminist politics. [ABSTRACT FROM AUTHOR]

Professor Ann Scales wrote about places where legal feminism has become stuck, and how it might become unstuck. This Essay focuses on a particular point of "stuckness" in legal feminism: how to treat women who love intimate partners who are abusive. This Essay argues that although feminist legal scholars have discussed in great depth the many reasons a woman in an abusive relationship might need to preserve her relationship, they have inadequately exposed, or even acknowledged, the reasons she might want to preserve her relationship. In particular, this Essay argues, feminist legal scholars avoid or ignore the fact that a primary reason many women stay in abusive relationships is for love. According to many feminist legal scholars, love is a product of false consciousness. With more and better information, abused women would come to understand that they don't "really" love their partners, and that leaving, rather than staying, is the solution. Scales argued that false consciousness is a weak analytical tool for a variety of reasons, discussed in this Essay in subpart II.B. More importantly, she argued that within legal feminism, false consciousness is a "conversation stopper" and a "thought stopper." In short, Scales attempted to get feminist legal scholars out of the muck of false consciousness. This Essay documents how feminist legal scholars are stuck on love in the context of intimate partner abuse, and applies Scales's lessons for getting unstuck. [ABSTRACT FROM AUTHOR]

Professor Ann Scales began her distinguished career by taking feminism and reproductive justice seriously. She became a leading feminist voice and influence on a number of topics. In later years, she returned to concerns about reproductive justice by presciently emphasizing the need to preserve women's access to abortions. This Essay discusses Professor Scales's concerns and feminist method and then turns to reproductive justice. The Essay notes that, with Scales, a fight to abortion is foundational for reproductive justice. The Essay then examines the increasing narrowing of access to abortion through law. The Essay next examines a current crisis over access to contraception, including arguments that some contraceptives are abortifacients and therefore should not be available and the debate over insurance coverage for contraception under the Affordable Care Act. The Essay concludes with an examination of what reproductive justice advocates can do to stop what appears to be a steady undermining of rights to abortion and contraception, drawing in part on Professor Scales's concern with always examining women's voices and using political as well as litigation strategies. [ABSTRACT FROM AUTHOR]

This Essay references numerous articles written by Ann Scales and discusses ways in which she spoke as a philosopher, a storyteller, a feminist, and a jurisprude. The author's favorite lines from these articles are reproduced and explored in the context in which they were written. Many of the quotes are witty and capture the gist of a situation or a feminist point without the need for further explanation. Others express a point of view in such creative ways that they bring new insights to those of us who grapple with feminist issues. [ABSTRACT FROM AUTHOR]

In this Essay, written as part of a symposium honoring the work of Professor Ann Scales, Professor Katherine Franke explores how Professor Scales may have approached the cutting edge problem of same-sex couples divorcing. Professor Scales's work evidenced a deep commitment to the twin projects of recognizing structural gender disadvantage suffered by women and the tyranny of gender stereotypes. This Essay speculates that Professor Scales's feminist commitments would be unsettled by the application to divorcing same-sex couples of rules and norms of divorce forged in the heterosexual context where gender inequality set the parameters of justice. Indeed, Franke speculates that Scales would share her concern about the potential for divorce law to heterosexualize same-sex couples by slotting them into familiar social roles of husbands and wives. The problem of gendering lesbian husbands and gay wives ought to be a serious subject of feminist critique and is amenable to the feminist analysis Professor Scales left us in her written work. [ABSTRACT FROM AUTHOR]

In her aspirations for the law, in the methods by which she exhorted readers to engender change, in her unique, transgressive, often outrageous voice, Ann Scales was the consummate "outsider." But she also understood the importance of engaging those who could make change possible. Thus Ann not only spoke truth to power, but also knew how to communicate it in registers that legal decision makers could at least sometimes apprehend. This Essay explores the work of Ann Scales in both "outsider" and "insider" modes, and examines the ways her teachings resonate in contemporary controversies over abortion and military service. [ABSTRACT FROM AUTHOR]

The article looks at the link between gender and the labour law. The author adopts a collection of essays entitled "The Idea of Labour Law" to reflect on the degree to which labour law has adopted the feminist challenge to confront the implications of recognizing the interdependence of work and family life. The significance of gender in relation to the social organization of work is also discussed.

This article provides analysis of the US Supreme Court decision of Gonzales v. Carhart and unpacks issues pertinent to the production and deployment of certain concepts and discourses in different camps on the abortion rights issue in the US. The author employs perspectives inspired by feminist jurisprudence and gender studies, and explores the ideologies reflected in the discourses and knowledge production, and the possible interpretations and changes that could be made in the wake of this decision. Concepts such as fetus, woman/mother, respect for the dignity of human life, and the related world views and the potential implications for the pursuit of women's rights are also examined in the article. [ABSTRACT FROM AUTHOR]

After a raft of legislation precluding employers and employees from partaking in discriminatory actions and policies, the question as to why inequality between men and women still exists within the work place, has yet to be fully explained. Feminist jurisprudence mirrors the difficulties forced upon women through acceptance of laws. It explains and highlights the difficulties women face while attempting to be accepted, on the same, equal, footing as men. to become a party to employment contracts which are in themselves reinforced by legal systems and law. Feminist scholarship has delivered a wealth of analyses of women's situation and realised much by way of attaining legal and political restructuring. As a result of. bur not limited to. membership of the European Economic Community, now the European Union, and influenced by feminist legal theory, the Irish legislature has introduced a number of measures to improve workplace equality between men and women. Discrimination within the workplace and for those seeking to secure employment should not exist, however according to the reported figures; discrimination still exists as a barrier to certain groups of persons and especially women who wish to fulfill their employment goals. [ABSTRACT FROM AUTHOR]

This paper analyses the judgment of the Supreme Court of Canada in the case of R v Ryan, 2013 SCC 3. This is a very significant decision from a variety of perspectives. The judgment is an important addition to the Canadian criminal law jurisprudence as it clarifies the scope of the defence of duress. However, from a feminist perspective, the case also highlights issues relating to situations in which victims of domestic violence eventually kill their partners following long cycles of abuse. In addition, the judgment serves as a reminder of the substantial problems which still exist regarding the responses of criminal justice systems to victims of domestic violence and the abuse they have suffered. [ABSTRACT FROM AUTHOR]

This essay considers the relation between the conduct and the personae of the feminist, the historian and the jurisprudent; and, the writing of history and of jurisprudence. It does so treating part of the relation between historiography and jurisprudence as engaged as an art of selffashioning, in the preparation for an `institutionalised social office'. The immediate purpose of this essay is to show how these arts of self fashioning came to be inherited by Australian feminism. In doing so, I will assert the centrality of Simone De Beauvoir's The Second Sex in that tradition. I suggest that acknowledging this practice and its inheritance is important when considering how we might live productively the plurality of institutional life and the life lived -- in law, and for our present. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Increasing the number of women as jurors is only the first step toward feminist governance in the courtroom. Discursive principles of feminist governance are also necessary for gender justice. Based on a case study of an informal court (shalish) on domestic violence mediated by female jurors, an innovation of the customary all-male, informal justice system in rural Bangladesh, the article explores the proceedings of an NGO-mediated shalish to develop principles of feminist governance: envisioning context, eliciting counter narratives, and utilizing feminist interpretations of Islam. Drawing on village norms, the Qur'an, and state law, jurors linked domestic violence to meanings of masculinity and marriage to reach consensus and increase social awareness about domestic violence. In conclusion, the article encourages scholars to develop a theory of feminist governance within informal justice systems, which has peace and safety for women at its epicenter. [ABSTRACT FROM AUTHOR]

Dans l'arrêt R. c J.A., une plaignante est revenue sur son allégation d'avoir été soumise à une pénétration anale avec un objet après avoir été étranglée jusqu'à tomber inconsciente. En 2011, la Cour suprême du Canada a tranché en majorité contre la défense qui invoque le consentement donné à l'avance à des actes sexuels commis pendant que la personne est inconsciente ou endormie. Le présent article remet en cause le sens de cette décision, en regard de l'évolution de la norme de consentement au Canada. Certaines critiques se sont penchées sur les conséquences répressives de l'arrêt J.A., soutenant que la décision transforme dans les faits un « oui » en un « non » et stigmatise les pratiques sexuelles non normatives, comme l'asphyxie érotique. En revanche, l'article soutient que l'arrêt J.A. est surtout centré sur la réglementation de l'hétérosexualité normale. La décision applique aux relations conjugales les exigences du consentement explicite, tout en démontrant les limites d'un cadre de consentement qui fétichise si souvent l'acte et considère le moment du consentement en dehors des contextes qui limitent les choix sexuels. On peut voir l'arrêt J.A. comme une décision post-féministe, marquée par l'adoption d'une conception individualisée de l'autonomie sexuelle, vidée des revendications du féminisme critique en ce qui concerne les liens entre violence sexuelle, inégalité des sexes et sexisme. [ABSTRACT FROM AUTHOR]

Le Projet de jugements féministes a permis à des chercheuses en droit féministes de rédiger en groupe des jugements féministes alternatifs pour des causes majeures en Angleterre et au Pays de Galles. Plutôt que de se limiter à des critiques théoriques de décisions existantes, les participantes se sont inscrites dans la tradition du Tribunal des femmes du Canada pour se lancer dans un exercice pratique et « réaliste » de rédaction de jugements. En exprimant la théorie féministe sous forme de jugements, le Projet visait à démontrer de façon systématique et rigoureuse que le pouvoir et l'aspect distinct de la rédaction pouvaient influencer l'issue des causes et modifier la rédaction des jugements. Jusqu'à maintenant, les commentaires universitaires ont porté principalement sur le fond féministe des jugements alternatifs ou, plus largement, sur ce qui rend un jugement féministe, plutôt que sur l'importance d'avoir des chercheuses féministes pour rédiger les jugements. À partir d'exemples tirés du Projet de jugements féministes, le présent article soutient que le Projet et le Tribunal des femmes ont non seulement montré comment l'éclairage théorique féministe peut (et devrait) s'appliquer dans la pratique, mais ont aussi soulevé des questions sur la nature des jugements et les possibilités offertes par la rédaction pour les chercheuses en droit féministes. En considérant la valeur de la rédaction de jugements comme une forme de science critique féministe, l'article aborde la présentation du Projet de jugements féministes comme une forme de « militantisme universitaire » et soutient qu'il existe de bonnes raisons théoriques, pédagogiques et politiques pour que des chercheuses en droit féministes rédigent les jugements. [ABSTRACT FROM AUTHOR]