This paper adds to our understandings of women’s post-separation experiences of coercive control through the introduction of a new concept—custody stalking. It is defined as a malevolent course of conduct involving fathers’ use of custody and/or child protection proceedings to overturn historic patterns of care for children. The experience of custody stalking is explored through three composite narratives derived from twelve mothers who participated in an exploratory, qualitative study on the involuntary loss of maternal care time following separation. The losses (...) suffered caused these mothers tremendous grief, damaged their psychological wellbeing and had a detrimental effect on their mothering relationships. Yet custody stalking, as a form of malevolent attack, is not well recognised and mothers’ resultant losses are largely culturally invisible. This is in marked contrast to paternal filicides, another form of post-separation avenging attack committed by some fathers that also leads to maternal loss experiences, albeit more absolute. (shrink)
Recent scholarship has critiqued the tendency for separated mothers in custody disputes to be defined as hostile and alienating. Through the presentation of three case studies, drawn from an interview-based study with 21 women, we show how such pejorative constructions only arise when the conflicting gendered moral accountabilities of contemporary motherhood are overlooked. We found that mothers tend to believe that contact with non-resident fathers is generally in a child’s best interests. However, as a result of balancing complex moral obligations (...) for the care of their children, they may raise questions about particular kinds of arrangements for contact with particular fathers. We argue, therefore, that family law practice will lead to better outcomes for children when professionals listen to the history of, and reasons for, mothers’ positions. To enable family law professionals to undertake this task, we offer an alternative interpretive framework for making sense of women’s stories. Should family law professionals make use of this framework, it is likely that they will understand that the positions mothers adopt are often the outcome of the difficult moral dilemmas they encounter in caring for their children, and that the reductive rubric of the ‘hostile mother’ needs to be treated with scepticism. (shrink)
This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other (...) hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law. (shrink)
In this article, we investigate the state’s role in the reproduction of relations of male dominance between separated parents through custody law. We argue that three “logics” shape the current operation of family law—durability, gender neutrality and present/future temporality—such that custody law is not simply a mechanism of dispute resolution between parents; it is also a vehicle for the differential production, positioning, and regulation of mothers and fathers as postseparation parents. Drawing on interviews with 21 mothers, we show that the (...) outcome of the state’s governance of gender through custody law for women in dispute over care and contact arrangements is that nonresident fathers are able to engage in nonreciprocal exercises of power over resident mothers. The consequence for resident mothers is that nonresident fathers are able to legitimately use the law to threaten and coerce mothers, and to protect their interests and rights at the expense of mothers’ needs for and rights to security and autonomy. (shrink)
The forgetting and remembering phenomena that Erdelyi outlines here have little to do with the concept of repression. None of the research that he describes shows that it is possible for people to repress (and then recover) memories for entire, significant, and potentially emotion-laden events. In the absence of scientific evidence, we continue to challenge the validity of the concept of repression.
What is this thing called Philosophy of Religion? grapples with the core topics studied on philosophy of religion undergraduate courses including God as personal, divine omnipotence, divine omniscience, the problem of evil, religious diversity, cosmological arguments, design arguments, moral arguments, and ontological arguments. In addition to the in-depth coverage of the key themes within the subject area Elizabeth Burns explores the topics from the perspectives of the five main world religions, introducing students to the work of scholars from a variety (...) of religious traditions and interpretations of belief. (shrink)
This article is based on interviews with a small number of cohabitants who are critical of conventional marriage. It examines some of the ways in which the distinction between heterosexual cohabitation and marriage is rendered in the New Zealand context. Culturally available distinctions, like that between cohabitation and marriage, are used in the production of resistant counterdiscourses. However, difference can be rewritten as deviance and in this form is central to the exercise of disciplinary power. Contextual shifts in the assertion (...) of a cohabitational self and a marital self contribute to the blurring of the distinction, further exposing the dilemmas of resistance based on difference. (shrink)
The Christian faith holds out the promise of abundant life and yet many writers have exposed the ambiguities experienced from the words used when that faith is expressed or discussed or described. While there are many aspects to this exploration, this article investigates a set of words that are used to and for the divine because the one spoken of as the author of this abundant life is described in terms that limit the possibilities for too many people. This article (...) will draw on insights gained through the use of the discipline of psycholinguistics and extrapolate from these insights to offer a methodology for developing a language that expresses abundant life. (shrink)
The original purpose of tenure has become clouded by the process by which it is granted. In New Zealand, tenure and academic freedom are separate, with academic freedom protected by legislation. Clearly, tenure is neither necessary nor sufficient to protect academic freedom. Individuals and universities must do more to guard academic freedom in order to encourage, nurture, and protect it. (Published Online February 8 2007).
Lists are a recurring feature in Old English and Old Icelandic poetry, and particularly a feature of those poems that are included in the genre wisdom literature and those that have a claim to be among the earliest surviving compositions in each language. Some poems, such as Widsith and Grímnismál, are entirely made up of lists contained within a slight narrative frame; others, such as The Wanderer and Hávamál, have lists embedded within them. Both kinds of poem have posed problems (...) for modern readers and editors, some of whom have dismissed list poems as simply pedestrian and boring, while others have struggled with problems of unity and with the many metrical difficulties that the verse lists in both languages display. An example is the Old English Maxims II , the structure of which has been a major concern of the scholars who have written about the poem. Among them R. MacGregor Dawson argues for a type of unity based on association for both Maxims I and II, asserting that the poems are “not simply lists but mnemonic arrangements in sequences built up by multiple association of ideas, either through meaning or through sound.” The most recent editor of Maxims II, on the other hand, points out that at least one of the perceived divisions in the poem is based on relationships of form rather than meaning or sound. T. A. Shippey goes on to remark that within this sequence there is much variety and that “Of the twenty-four descriptive phrases only three repeat a syntactic and metric shape used previously in the section.”. (shrink)