scholarly journals What Work of Feminist Legal Scholarship Over the Past Twenty Years Has Been Influential or Important to You, and Why?

2005 ◽  
Vol 17 (1) ◽  
pp. 233-243 ◽  
Author(s):  
Elizabeth Comack ◽  
Jennifer L. Schultz ◽  
Winifred H. Holland ◽  
Joanne St. Lewis ◽  
Karen Pearlston ◽  
...  
Keyword(s):  
Legal Scholarship ◽  
The Past ◽  
Feminist Legal Scholarship

scholarly journals The Incredible Woman: Power and Sexual Politics by Jocelynne A Scutt

2000 ◽  
Vol 31 (4) ◽  
pp. 867
Author(s):  
Sandra Petersson
Keyword(s):  
Political Change ◽  
Sexual Politics ◽  
Legal Scholarship ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Raising Awareness ◽  
The Law ◽  
Feminist Legal Scholarship

This article is a book review of Jocelynne A Scutt The Incredible Woman: Power and Sexual Politics (Artemis Publishing, Melbourne, 1997) (vol 1, 336 + xiv pages, $AUS34.95; vol 2, 354 + xvii pages, $AUS34.95). The book is an anthology of scholarship that acts as a catalogue of the wrong standards that the law has applied to women's performances and women's experiences. Petersson stresses the importance of this book for feminist legal scholarship as it increases the volume of such works, increasing the possibility of political change. Scutt's book is praised for being an exemplary voice for raising awareness in this area by making the message clear and accessible. 

scholarly journals The Future of International Legal Scholarship: Some Thoughts on ‘Practice’, ‘Growth’, and ‘Dissemination’

2013 ◽  
Vol 27 (1) ◽  
pp. 1-10 ◽  
Author(s):  
CARSTEN STAHN ◽  
ERIC DE BRABANDERE
Keyword(s):  
International Law ◽  
Legal Discourse ◽  
Legal Scholarship ◽  
Self Reflection ◽  
The Past ◽  
Niche Area ◽  
And Function ◽  
Changing Role ◽  
Role And Function

Like international legal scholarship, LJIL is in transition. Our colleagues, Larissa van den Herik and Jean d'Aspremont, who have shaped much of the role and plural identity of the journal over the past decade, in collaboration with our different sections, have passed leadership on to us, the new team of (co-)editors-in-chief. This editorial reflects on the changing role and function of scholarship in international law, a theme important to our predecessors and ourselves. This is to some extent a niche area. It has not received much attention in discourse. With some notable exceptions, legal journals are typically reluctant to address overarching meta-issues of discourse, i.e. issues of production of scholarship, the role of journals vis-à-vis other media, or the broader direction of the development of international legal scholarship. Such issues might be perceived as non-scientific by some. We feel that it is important to include such dimensions, including critical self-reflection on our discipline, in international legal discourse.

Shifting the Boundaries: Feminist Legal Scholarship

1992 ◽  
Vol 21 (5) ◽  
pp. 584
Author(s):  
Lise Vogel ◽  
Martha Albertson Fineman ◽  
Nancy Sweet Thomadsen ◽  
Deborah L. Rhode
Keyword(s):  
Legal Scholarship ◽  
Feminist Legal Scholarship

The Oxford Handbook of International Criminal Law

2020 ◽  
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Legal Scholarship ◽  
International Crimes ◽  
The Core ◽  
The Past ◽  
International Criminal Tribunals

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. This book, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. The book should fundamentally alter how international criminal law is understood.

Law, Violence, and Sexual Consent

2020 ◽  
pp. 277-310
Author(s):  
Latika Vashist
Keyword(s):  
Grounded Theory ◽  
Criminal Law ◽  
Sexual Consent ◽  
Legal Scholarship ◽  
Legal Violence ◽  
Rape Law ◽  
The Subject ◽  
Definition Of ◽  
Sex Positive ◽  
Feminist Legal Scholarship

This essay approaches the question of law and violence through the category of sexual consent, as it is articulated, interpreted and theorized in rape law in India. While the incorporation of an explicit definition of sexual consent has been seen as a feminist move in the criminal law in India, I argue that consent, being grounded in the liberal models of abstract individualism, is premised on an under-theorized conception of sexuality as well as ‘desire’. It is my claim that if law seeks to perform an ‘educative role’ and feminist legal scholarship and pedagogy is an attempt at an ‘uncoercive re-arrangement of desires’,i then we need to produce more nuanced accounts of the sexual and desiring subjects. The dominant frames of sex-negative and sex-positive feminisms may not offer us any insights into this and may inadvertently become complicit with legal violence in its foundational as well as interpretive moments. In this backdrop, I will argue that we need to push towards a more complex understanding of consent based on a more grounded theory of the subject at the centre of law and feminism which takes into account the complexities, contradictions, complicities, and violence that form human subjectivity, sexuality, and desire. The essay critically examines the definition of consent introduced in 2013 criminal law amendments and argues for a reading of sexual consent within a relational psychoanalytic framework that takes desire seriously.

The lingering core of legal scholarship

Legal Studies ◽  
2010 ◽  
Vol 30 (3) ◽  
pp. 345-369 ◽  
Author(s):  
Susan Bartie
Keyword(s):  
Past Century ◽  
Legal Scholarship ◽  
The Core ◽  
The Past ◽  
The Future ◽  
The Way

The purpose of this paper is to consider how leading scholars are interpreting the role and status of the core tenets of legal scholarship in England and Australia – the tenets that have provided an element of unity in legal scholarship over the past century or so. Instead of focusing on the way that scholarship has diversified and expanded, the paper considers whether elements of the prior orthodoxy have remained: do the tenets persist, what status are they afforded and what impact will their presence have on the future identity of the discipline and its conception of law? The paper captures insights into the way that scholars – as opposed to administrators or managers – are interpreting changes in the discipline. It is based on the premise that scholarly attitudes can shape the discipline and that therefore such attitudes are worthy of study.

In praise of legal feminism

Legal Studies ◽  
2002 ◽  
Vol 22 (1) ◽  
pp. 71-101 ◽  
Author(s):  
Ngaire Naffine
Keyword(s):  
Critical Study ◽  
Legal Scholarship ◽  
Form Of Life ◽  
The Impact ◽  
Feminist Legal Scholarship

This paper reflects on the achievements of feminism within the legal academy. Rather than offer an encyclopaedic account of feminist legal scholarship, it seeks instead to define, in broad terms, the aims, the spirit and the methods of legal feminism, identifying the commonalities among feminist scholars. It suggests that it is the critical study of law as ‘a form of life’, to borrow from Wittgenstein, which perhaps best characterises the shared endeavour of legal feminists. The paper identifies the major intellectual and political difficulties encountered, and also engendered, by feminists in the course of their work, and it assesses the impact of feminism on mainstream jurisprudence.

Unsafe law: health, rights and the legal response to HIV

2013 ◽  
Vol 9 (4) ◽  
pp. 535-564 ◽  
Author(s):  
Matthew Weait
Keyword(s):  
Strong Evidence ◽  
Policy Development ◽  
Social Research ◽  
Evidence Base ◽  
Policy Makers ◽  
Legal Scholarship ◽  
Global Epidemic ◽  
The Past ◽  
Legal Response ◽  
Health Rights

AbstractThis paper describes the ways in which, over the past three decades, law has come to serve as an obstacle in the fight against HIV, and how it contributes to the stigmatisation of, and discrimination against, people living with the virus. It argues that in order to make unsafe law safer, policy-makers, legislators and those responsible for the interpretation and enforcement of law must base their HIV response not on populist morality but on the strong evidence base provided by three decades of clinical, scientific and social research. Drawing on that research and the author's own involvement in policy development in this area, it suggests that rights-based arguments are, while important, insufficient as the basis for delivering the changes that are necessary, discusses the difficulties involved in achieving those changes, and argues that legal scholarship and research has an important role to play in HIV activism and combating the global epidemic.

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