Feminist Legal Studies

ISSN: 0966-3622

22 found

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  1.  19
    The Coloniality of Contemporary Human Rights Discourses on ‘Honour’ in and Around the United Nations.Hasret Cetinkaya - 2023 - Feminist Legal Studies 31 (3):343-367.
    In United Nations (UN) human rights reporting and analysis, ‘honour’ has been systematically conflated with ‘honour-related violence’ (HRV). However, honour and HRV are not the same thing. In this article I examine contemporary UN human rights discourses around honour. I argue that these discourses are underpinned by racialised and orientalist-colonial imaginaries which falsely categorise people and places as either having or not having honour. This conflation presents honour as a cultural problem attributed to racialised communities mostly associated with the Muslim (...)
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  2.  15
    Kristin Henning: The Rage of Innocence: How America Criminalizes Black Youth: Pantheon, New York, 2021, ISBN: 978-1524748906. [REVIEW]Frank Rudy Cooper - 2023 - Feminist Legal Studies 31 (3):411-412.
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  3.  14
    Ann C. McGinley and Nicole Buonocore Porter (eds): Feminist Judgments: Rewritten Employment Discrimination Opinions: Cambridge, 2020, ISBN: 9781108717403. [REVIEW]Kristin N. Henning - 2023 - Feminist Legal Studies 31 (3):407-409.
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  4.  20
    Ontological Governance: Gender, Hormones, and the Legal Regulation of Transgender Young People.Matthew Mitchell - 2023 - Feminist Legal Studies 31 (3):317-341.
    Legal institutions worldwide construct theories about gender’s ontology—i.e., theories about what gender is—and use those constructions to govern. In this article, I analyse how the Family Court of Australia constructed ontologies of gender to govern young people’s gender-affirming hormone use. By analysing the ‘reasons for judgment’ published about cases where minors applied for the Court’s authorisation to use hormones, I show that the Court constructed two theories about the ontology of gender concurrently—one essentialist and the other performative—which it leveraged to (...)
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  5.  20
    A Culture of Consent: Legal Practitioners’ Experiences of Representing Women Who Have Been Misidentified as Predominant Aggressors on Family Violence Intervention Orders in Victoria, Australia.Ellen Reeves - 2023 - Feminist Legal Studies 31 (3):369-390.
    There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence ‘predominant aggressors’—this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners’ experiences of representing misidentified clients in the civil protection order (...)
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  6.  11
    Stare decisis, an erasure.Laura Ricciardi - 2023 - Feminist Legal Studies 31 (3):391-393.
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  7.  18
    Dispatches from U.S. Feminist Judgments 2022 Summer Feminist Legal Theory Series: Spotlight on New Books in the Field—Gender, Race and Diversity in the Centre of the Conversation.Kathryn M. Stanchi & Bridget J. Crawford - 2023 - Feminist Legal Studies 31 (3):395-397.
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  8.  16
    Bridget J. Crawford and Emily Gold Waldman: Menstruation Matters: Challenging Law’s Silence on Periods: New York University Press, 2022, ISBN: 978-1479809677. [REVIEW]Kerri Stone - 2023 - Feminist Legal Studies 31 (3):399-400.
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  9.  11
    Kerri Lynn Stone: Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law’s Failure to Help Women Achieve Professional Parity: Cambridge University Press, 2022, ISBN: 978-1108427593. [REVIEW]Emily Gold Waldman - 2023 - Feminist Legal Studies 31 (3):405-406.
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  10.  16
    Gregory S. Parks and Frank Rudy Cooper (eds): Fight the Power: Law and Policy Through Hip-Hop Songs: Cambridge, 2022, ISBN: 978-1-009-01153-2. [REVIEW]Latia Ward - 2023 - Feminist Legal Studies 31 (3):401-403.
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  11.  28
    Towards a Feminist Geo-legal Ethic of Caring Within Medical Supply Chains: Lessons from Careless Supply During the COVID-19 Pandemic.Ania Zbyszewska & Sharifah Sekalala - 2023 - Feminist Legal Studies 31 (3):291-316.
    The COVID-19 crisis illustrates the fragility of supply chains. Countries with excellent health systems struggled to ensure essential supplies of food, medicines, and personal protective equipment which were vital to a fast and effective response. Using geo-legality, which maps the constitutive relations between law and space, we argue that the failure of supply chains in many western countries during the crisis reveals a fundamental tension between their role as facilitators of care and caring, and the logistic logics by which they (...)
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  12.  11
    Sharon Thompson: Quiet Revolutionaries: The Married Women’s Association and Family Law: Hart Publishing, 2022, ISBN: 9781509929412. [REVIEW]Jennifer Aston - 2023 - Feminist Legal Studies 31 (2):281-284.
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  13.  10
    Janine Natalya Clark: Resilience, Conflict-Related Sexual Violence and Transitional Justice: London, Routledge, 2022, ISBN: 9,781,003,323,532. [REVIEW]Xintong le ChengCai - 2023 - Feminist Legal Studies 31 (2):285-289.
  14.  24
    Legally Affective: Mapping the Emotional Grammar of LGBT Rights in Law School.Senthorun Raj - 2023 - Feminist Legal Studies 31 (2):191-215.
    The teaching of critical race, feminist, and queer theory generally, and of LGBT rights specifically, has developed into a discrete, contested, and politicised area of teaching in English law schools and beyond. While there is some academic discussion on the personal and political significance of ‘promoting LGBT rights’ within law schools, less considered is how ‘LGBT rights’ are shaped by the emotions of legal academics and how these emotions circumscribe what we imagine LGBT rights can and/or should mean in law (...)
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  15.  26
    Crafting Prefigurative Law in Turbulent Times: Decertification, DIY Law Reform, and the Dilemmas of Feminist Prototyping.Davina Cooper - 2023 - Feminist Legal Studies 31 (1):17-42.
    This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores (...)
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  16.  21
    Introduction to Special Issue: Decertifying Legal Sex—Prefigurative Law Reform and the Future of Legal Gender.Davina Cooper & Flora Renz - 2023 - Feminist Legal Studies 31 (1):1-16.
    This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...)
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  17.  10
    Afterword.Margaret Davies - 2023 - Feminist Legal Studies 31 (1):163-169.
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  18.  17
    “We’re not there yet” but it’s not “pie-in-the-sky”: Legal Consciousness, Decertification and the Equality Sector in England and Wales.Robyn Emerton - 2023 - Feminist Legal Studies 31 (1):95-120.
    Drawing on 38 in-depth, qualitative interviews, this article explores how people working in the equality sector in England and Wales view and use the current law around sex and gender, and how they imagine law’s future, particularly potential decertification, where the state would withdraw from certifying and regulating a person’s sex/gender. Whilst situated in the bureaucratic strand of the literature, the paper also contributes to wider legal consciousness studies. This literature has generally focused on people’s relationships to law in terms (...)
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  19.  15
    Decertifying Gender: The Challenge of Equal Pay.Emily Grabham - 2023 - Feminist Legal Studies 31 (1):67-93.
    Abstract‘The Future of Legal Gender’ project has assessed the potential implications for feminist legal scholarship and activism of decertifying sex/gender. Decertification refers to the state moving away from officially determining or registering sex/gender. This article explores the potential impact of such moves on equal pay law and gender pay gap reporting. Equal pay and gender pay gap reporting laws provide an important focus for the project because they aim to address structural dynamics associated with persistent pay inequality that women experience (...)
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  20.  18
    “I Don’t Think That’s Something I’ve Ever Thought About Really Before”: A Thematic Discursive Analysis of Lay People’s Talk about Legal Gender.Elizabeth Peel & Hannah J. H. Newman - 2023 - Feminist Legal Studies 31 (1):121-143.
    This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find scrutinizing the construction of interview talk useful. We illustrate this argument by adapting and applying Ewick and Silbey’s (1998) ‘The Common Place of Law: (...)
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  21.  31
    Gender-Based Violence Without a Legal Gender: Imagining Single-Sex Services in Conditions of Decertification.Flora Renz - 2023 - Feminist Legal Studies 31 (1):43-66.
    This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...)
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  22.  13
    Roundtable on Deregistration and Gender Law Reform Internationally.Jess Smith, Pieter Cannoot, Pierre Cloutier de Repentigny, Lena Holzer, Shelley Leung, Tanya Ni Mhuirthile, Evan Vipond & Nipuna Varman - 2023 - Feminist Legal Studies 31 (1):145-161.
    In this roundtable discussion, early-career researchers working in the field of law, gender, and sexuality discuss international and trans-national developments to legal gender. ‘The Future of Legal Gender’ research project focused on the legislative framework of England and Wales to develop a prototype for decertification. The domestic legislation, however, was situated within a wider international context throughout the project. This roundtable discussion, therefore, provided an opportunity for reflection on the transnational issues raised by decertification, with a particular focus on developments (...)
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