Journal articles on the topic 'Feminist legal method'
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Abrams, Kathryn. "Feminist Lawyering and Legal Method." Law & Social Inquiry 16, no. 02 (1991): 373–404. http://dx.doi.org/10.1111/j.1747-4469.1991.tb00923.x.
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Charlesworth, Hilary. "Feminist Methods in International Law." American Journal of International Law 93, no. 2 (April 1999): 379–94. http://dx.doi.org/10.2307/2997996.
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I have mixed feelings about participating in this symposium as the feminist voice. On the one hand, I want to support the symposium editors’ attempt to broaden the standard categories of international legal methodologies by including feminism in this undertaking. On the other hand, I am conscious of the limits of my analysis and its unrepresentativeness—the particularity of my nationality, race, class, sexuality, education and profession shapes my outlook and ideas on international law. I clearly cannot speak for all women participants in and observers of the international legal system. I also hope that one day I will stop being positioned always as a feminist and will qualify as a fully fledged international lawyer. My reservations are also more general because presenting feminism as one of seven rival methodological traditions may give a false sense of its nature. The symposium editors’ memorandum to the participants encouraged a certain competitiveness: we were asked, “Why is your method better than others?” I cannot answer this question. I do not see feminist methods as ready alternatives to any of the other methods represented in this symposium. Feminist methods emphasize conversations and dialogue rather than the production of a single, triumphant truth.1 They will not lead to neat “legal” answers because they are challenging the very categories of “law” and “nonlaw.” Feminist methods seek to expose and question the limited bases of international law’s claim to objectivity and impartiality and insist on the importance of gender relations as a category of analysis. The term “gender” here refers to the social construction of differences between women and men and ideas of “femininity” and “masculinity”—the excess cultural baggage associated with biological sex.
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Williams, Susan H. "Legal Education, Feminist Epistemology, and the Socratic Method." Stanford Law Review 45, no. 6 (July 1993): 1571. http://dx.doi.org/10.2307/1229114.
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O'Rourke, Catherine. "Feminist Legal Method and the Study of Institutions." Politics & Gender 10, no. 04 (December 2014): 691–97. http://dx.doi.org/10.1017/s1743923x14000506.
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Rackley, Erika, and Rosemary Auchmuty. "The Case for Feminist Legal History." Oxford Journal of Legal Studies 40, no. 4 (2020): 878–904. http://dx.doi.org/10.1093/ojls/gqaa023.
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Abstract While we may be witnessing a highpoint of interest in the lives of early women lawyers, and women’s legal history generally, feminist legal history remains largely undeveloped in the UK. Drawing on examples of women’s representation in and engagement with law and law reform in the UK and Ireland, this article delineates the method, scope and purpose of feminist legal history. It begins by exploring the place of women in traditional accounts of legal history, before going on to consider the methodological and substantive goals of feminist legal history. We argue that feminist legal history is a political project, requiring its authors to commit not only to uncovering untold stories, but also to challenging and revising dominant historical narratives. We conclude with a call for scholars to take up the insights and methods of feminist legal history as a means of acknowledging and celebrating the agency of those involved in past and ongoing struggles for justice and equality.
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Hunter, Rosemary. "Analysing Judgments from a Feminist Perspective." Legal Information Management 15, no. 1 (March 2015): 8–11. http://dx.doi.org/10.1017/s1472669615000067.
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AbstractThis article, by Rosemary Hunter, is based on a presentation given at the national training day on ‘Law, Gender and Sexuality: Sources and Methods in Socio-Legal Research’ in May 2014, jointly sponsored by the Institute of Advanced Legal Studies, the Socio-Legal Studies Association and the British Library. She begins by describing the uses of judgments as sources within feminist research on judging, and then outlines three different methods of analysis employed within this research: quantitative analysis, qualitative analysis, and the newest method, that of rewriting judgments.
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Beaman-Hall, Lori. "Abused Women and Legal Discourse: The Exclusionary Power of Legal Method." Canadian journal of law and society 11, no. 1 (1996): 125–39. http://dx.doi.org/10.1017/s0829320100004610.
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AbstractTraditional legal method continues to be one of the most unexplored aspects of the gendered nature of legal discourse. In this paper, I outline a number of problems legal method creates in relation to women's experiences, more specifically the ways in which legal method works, as part of legal discourse, to exclude abused women's stories. Expanding the conceptualization of legal method as a process which includes the more mundane and insidious aspects of the daily practice of law, this paper examines aspects of legal method which are often overlooked in feminist legal theory and research. The paper is intended as a beginning point for future discussion and empirical research and as such suggests the possible depth of the exclusionary practices of legal method and the harm suffered by women as a result. I conclude with a discussion of how women can subvert traditional legal method through the formulation of local solutions based on their own experiences.
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Fletcher, Ruth. "Cheeky Witnessing." Feminist Review 124, no. 1 (March 2020): 124–41. http://dx.doi.org/10.1177/0141778919896342.
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Feminists witness legal worlds as they observe, document and share nothing less than the reproduction of life itself. The world of the abortion trail, where people and things move across borders to change life’s reproduction, has generated a rich variety of legal sources, figures and objects for feminist witnessing. In watching how feminist activists improvise with sources, figures and objects of legal consciousness on the abortion trail, this article seeks to contribute to critical understanding of a plurality of witnessing practice, particularly as it emerges in diaspora space. Focusing on Murphy’s concept of immodest witnessing, with its attention to bodies, protocols and apparatuses as constituents of knowledge, the article thinks with the diasporic feminist performance group, Speaking of I.M.E.L.D.A., about how they used self-examination, collaboration and knowledge-sharing on the trail to repeal Ireland’s 8th Amendment. The article argues that their improvisation with legal consciousness of reproductive choice enacts ‘cheeky witnessing’. Cheeky witnessing has three dynamics as a method of observation. First, it is messy and irreverent in innovating with names to display the mixed genealogies of feminist knowledge. Second, cheeky witnessing generates novel subject-figures who make connections between different reproductive labourers as observers of the trail in diaspora space. Third, cheeky witnessing places funny objects, knickers in this instance, so as to join up particular public locations and make them more, if unevenly, comfortable for sexual and reproductive bodies. Cheeky witnessing shows us how committed and partial practices play a role in speaking across interests and experiences, in stretching the legal imagination and in sustaining the everyday grind of making a better world.
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Elkayam-Levy, Cochav. "A Path to Transformation: Asking “The Woman Question” in International Law." Michigan Journal of International Law, no. 42.3 (2021): 429. http://dx.doi.org/10.36642/mjil.42.3.path.
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Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and assumptions that shape and delimit our views about the exclusion of women’s experiences from this doctrine. Methods determine the ways within those limits by which we aim to assert truth claims, determine our possibilities and conclusions, and establish the grounds for legal reform. Our chosen method defines what we consider as evidence and what we accept as proof. Yet, it cannot guarantee a particular outcome or even the right one. Rather, it provides a sense of discipline in our analysis.
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Naffine, Ngaire. "In praise of legal feminism." Legal Studies 22, no. 1 (March 2002): 71–101. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00580.x.
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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.
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Yaeger, Dylan A. "Directions for the Study of Masculinity: Beyond Toxicity, Experience, and Alienation." British Journal of American Legal Studies 9, no. 1 (May 29, 2020): 81–113. http://dx.doi.org/10.2478/bjals-2020-0005.
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AbstractThe relationship between the law and masculinity has not been as thoroughly examined as the relationship between the law and feminism or, more generally, between the law and gender. Yet, the reach of masculinity stretches deep into the very fiber of the law. Masculinity has for too long served as an invisible bedrock on which the law founded both its substance and method. The struggle for formal equality during the last half century sought the elimination of the masculinist bias, but has only exposed the extent of the entrenchment. The popular idea is that the law exists in a removed and exalted position where it sits in judgement of a pre-existing and fully formed masculinity. Indeed, much of the internal coherence of the law is premised on the integrity of the subject and the propagation of sexual difference. Thus, the law is precluded from acknowledging or engaging with its own productive power and vacuously characterizes itself as a neutral arbiter. Today, while significant changes occur in sex and sexuality, the study of masculinity appears theoretically stagnant.Part I of this paper distinguishes between masculinity studies and the men's movement and explains the relationship of each to feminist theory. Part II looks at how the power of the law works and how masculinity studies is an effective tool to help understand how that power manifests and is employed. Part III examines the relationship between feminist legal theory and masculinity studies with a particular focus on two areas where I view masculinity studies as having successfully employed insights from feminist theory. Finally, Part IV considers four areas where I suggest masculinity studies could better incorporate certain insights from feminist theory, which would result in a more rigorous understanding of the relationship among power, masculinity, and law, and point masculinity studies in a more nuanced direction. To advance this critique, the paper analyzes underlying arguments that support the power of law based in classic liberal political theory. It employs recurrent critiques of the law, and of liberalism more generally, found in Feminist Legal Theory, Critical Race Theory, Queer Theory, and Critical Legal Studies to reveal the law as always already intertwined with masculinity.
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Nurtjahyo, Lidwina Inge. "Formulation of Article 488 of the Indonesian Criminal Code Draft: A Portrait of Failure in Construing the Problem of Women's Access to Legal Identity." Jurnal Perempuan 23, no. 2 (May 16, 2018): 77. http://dx.doi.org/10.34309/jp.v23i2.230.
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<p>The Draft of the Indonesian Criminal Code has provoked a debate, especially with regard to the articles under the scope of decency. The formulation of Article 488 has the potential to create new problems for women. Especially women who have obstacles in accessing legal identity. This Article 488 is a reflection of the failure of jurists to formulate laws, in understanding women's experience in relation to their access to the right to obtain legal identity, especially in the context of relationship. The criminal law is not the answer to all problems. This paper is compiled using data obtained from field study related to the handling of cases of violence against women under customary law, carried out by the authors and the team from Legal and Community Studies Fields in 2015, 2016 and 2017 in Eastern Indonesia; as well as data on legal and non-legal text analysis. The overall method and analysis of research findings using feminist legal studies and feminist legal theories.</p>
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Doll, Agnieszka, and Kevin Walby. "Institutional Ethnography as a Method of Inquiry for Criminal Justice and Socio-Legal Studies." International Journal for Crime, Justice and Social Democracy 8, no. 1 (February 18, 2019): 147–60. http://dx.doi.org/10.5204/ijcjsd.v8i1.1051.
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Institutional ethnography (IE) is a method of inquiry created by Canadian feminist sociologist Dorothy E. Smith to examine how sequences of texts coordinate forms of organisation. Here we explain how to use IE, and why scholars in criminal justice and socio-legal studies should use it in their research. We focus on IE’s analysis of texts and intertextual hierarchy, as well as Smith’s understanding of mapping as a methodological technique; the latter entails explaining how IE’s approach to mapping differs from other social science approaches. We also argue that IE’s terms and techniques can help examine the textual work undertaken in criminal justice and legal organisations, and reveal how people are governed and ruled by these organisational processes. In the discussion, we summarise how IE can productively contribute to criminal justice and socio-legal studies in the twenty-first century.
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Mańko, Rafał. "Critical Legal Theory in Central and Eastern Europe: In Search of Method." Acta Universitatis Lodziensis. Folia Iuridica 89 (December 31, 2019): 5–14. http://dx.doi.org/10.18778/0208-6069.89.01.
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Critical legal theory emerged in the United States in the 1970s, at a time when Central and Eastern Europe belonged to the Soviet bloc and was subject to the system of actually existing socialism. Therefore, the arrival of critical jurisprudence into the region was delayed. In Poland, the first texts on critical and postmodern legal theory began to appear at the end of the 1990s and the beginning of the 2000s. Lech Morawski’s monograph, characteristically entitled What Legal Scholarship Has to Gain from Postmodernism?, published in 2001, officially inaugurated a broader interest in postmodern legal theory. Adam Sulikowski has been the main representative of critical legal theory in Poland, developing a postmodern theory of constitutionalism. Other sub-fields of postmodern and critical legal theory, gradually developing in Central European jurisprudence, include such areas as law and literature, law and ideology, law and neocolonial theory, as well as feminist jurisprudence. There is a noticeably growing influence of critical sociology and critical discourse analysis which seem to be a promising paradigm for invigorating critical legal theory from an empirical perspective. The concept of “the political”, in the sense used by Chantal Mouffe, has been evoked to propose a “political theory of law” conceived as an analysis of the juridical phenomenon through the lens of the political. Recently, it has found its concrete applications in the political theory of judicial decision-making.
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Majeda, Ivan. "INDONESIAN FEMINIST DIALECTICS TO POLYGAMY LAW." SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam 8, no. 1 (January 31, 2023): 1–18. http://dx.doi.org/10.33752/sbjphi.v8i1.3757.
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This study aims to trace Husein Muhammad’s reason thinking, Indonesian feminist Kyai in the case of licensing polygamy according to the Compilation of Islamic Law. Husein Muhammad is one of the pesantren kiai who is intense in gender issues. The idea offered by Husein Muhammad is reinterpretation of gender-biased legal issues in the hope that it can be used as a guide and guide in dealing with particular problems at the present time. This study seeks to unravel the views of KH. Husein Muhammad on gender justice in polygamy permits. This research is a qualitative research literature (library research). The technique used in analyzing the data in this study, using descriptive-analytical method, to describe in general the thoughts of Husein Muhammad. The data for this research are books written by Husein Muhammad and interviews with him. This study concludes that Husein Muhammad's method of thinking in rejecting the rules for licensing polygamy according to the rules of the Compilation of Islamic Law is based on the concepts of selection (intiqo-iy) and exploration (ijtihad). These two concepts are oriented towards the concept of protecting and providing a sense of justice for women which can be integrated into Indonesian positive law.
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Masruroh, Siti, and Irham Bashori Hasba. "Normatifitas Keterlibatan Perempuan dalam Proses Legislasi Nasional Perspektif Feminist Legal Theory." INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES 3, no. 2 (November 30, 2022): 143. http://dx.doi.org/10.19184/idj.v3i2.34729.
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The inclusiveness of women's lives is not enough if it only about social life, but it must also be involved in every process of formulating state legislation through the legislature. To fulfill this, women must be actively connected in the electoral process in parliamentary seats held and women's representation, The role of woman in national legislation is a form of effort to make legal products that are inclusive of woman's lives. The role of women in national legislation is very important considering that every year there are considerable amount of women who nominate themselves as legislators. There are two research questions provided in this study; the first is how woman's political rights portrayed in national legislation according to Act No.7 of 2017. It aims to find out how woman's political rights portrayed in national legislation according to Act No.7 of 2017. This is the basic foundation of women's political rights which have been regulated in the law which includes a 30 percent quota of women in legislation. The second research question is, how the concept of women's political rights in national legislation according to Yusuf Al-Qardhawi. It aims; (1) to explain the concept of this contemporary scholars, Yusuf Al-Qardhawi, regarding to his opinion, (2) to compare the law in Indonesia with the concept of Yusuf Al-Qardhawi on his partiality towards the role of women as legislators. This research is a type of normative legal research or literature study. This research uses a combination of approaches, they are law approach and conceptual approach. The data source used is a secondary data source. The data analysis method used is by analyzing the application of hermeneutics or interpretation. The results of this study show that; First, Act No. 7 of 2017 on general elections, what needs to be underlined in this case is that the biggest challenge of achieving the results of the 2014 legislative election, there are improvements in the administrative sector of the General Election Commission (KPU), not only with sanctions given to the party in fulfilling the 30 percent quota but also emphasizing understanding towards women before nominating themselves as legislators with political education and understanding them the importance of the 30 percent quota. Secondly, The concept offered by contemporary scholar Yusuf Qardhawi regarding the representation of women in the realm of national legislation in Parliament is very moderate and follow the times.
Keywords: Women’s Role , National Legislation , Act No.7 of 2017, Yusuf Al-Qardhawi's concept
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Ahmadi, Anas. "LAW, WOMEN, AND LITERARY STUDIES: UNDERSTANDING THE THOUGHT OF NAWAL EL-SAADAWI IN WOMAN AT POINT ZERO." LiNGUA: Jurnal Ilmu Bahasa dan Sastra 16, no. 1 (June 30, 2021): 35–46. http://dx.doi.org/10.18860/ling.v16i1.10542.
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Islamic feminist is currently being discussed, one of which is Nawal E-Saadawi. She is an Islamic feminist who is known for her view on fighting for the fate of women. It is reflected in his non-fiction and literary works. This study aims to explore the view of the feminist writer from Egypt, Nawal El-Saadawi, from a legal context. The research method used in this research is qualitative-interpretative using literary data sources written by Nawal El-Saadawi. The data source used is the novel Woman at Point Zero. The data collection technique was done by using a literature study. The data analysis technique was carried out in two stages: the textual and contextual levels. The result of the research showed that Nawal El-Saadawi's thoughts from her literary context that (1) the law is frightening and unfair in the view of women; (2) men acting on behalf of the law; and (3) women who violate the law.
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Bird, Faye. "‘Is this a Time of Beautiful Chaos?’: Reflecting on International Feminist Legal Methods." Feminist Legal Studies 28, no. 2 (July 2020): 179–203. http://dx.doi.org/10.1007/s10691-020-09434-2.
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Abstract This article considers how Margaret Jane Radin’s theory of the feminist double bind can bring conceptual clarity to the difficulties feminisms face in engaging with political and legal institutions of global governance. I draw on her theory to reinitiate a conversation on ideal and nonideal theory, in order to answer the call of key proponents in international legal feminism to reevaluate methodologies in critiquing mainstream institutions. By providing an account of how to navigate the double bind, this article brings conceptual clarity to the tension between resistance and compliance that has been argued to lie at the heart of the feminist project in international law. I demonstrate how this theoretical framework can foster greater pluralist perspectives in feminist engagement of ideal theories to temper the deradicalising and conservative risk of navigating feasibility constrained nonideal strategies.
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Kazan, Helene. "An unbound critical lived-built environment." Journal of Visual Culture 20, no. 3 (December 2021): 575–95. http://dx.doi.org/10.1177/14704129211066297.
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Through engaged analysis of entangled research-based practice, this article argues that thresholds of distinction between environmental or conflict-based violence are unbound across Lebanon’s critical lived–built environment. Drawing on the fields of architecture, law, art and cultural production, this investigative scope is engaged through de-colonial, feminist and critical legal theory and method. The analysis in this article is an attempt at dismantling the inherent asymmetric power structures – legal, political and architectural – operating through violent risk, which continue to evade certain frames of accountability. This is done to reveal the complexity of this violent limit condition and its materializations, in the proposal of a progressive methodological imagining and investigation: an unbound critical lived–built environment.
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Jodor, Nerea Lucrecia. "Tres contextos para la institucionalización jurídica de colectivos de mujeres y feministas en Córdoba, Argentina (1999-2015)=Three contexts for the legal institutionalization of women's and feminist groups in Córdoba, Argentina (1999-2015)." Cuestiones de género: de la igualdad y la diferencia, no. 16 (June 29, 2021): 847. http://dx.doi.org/10.18002/cg.v0i16.6989.
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<p align="left"><strong>Resumen</strong></p><p>Adoptando una mirada teórica situada y localizada, el presente se propuso comprender cuáles eran los objetivos de las organizaciones de mujeres y feministas; y cómo se configuraba el espacio público cordobés con anterioridad al surgimiento de la multisectorial #NiUnaMenos. Para ello, se aplicó un diseño de triangulación cualitativa intra-método, que reunía: datos documentales, entrevistas en profundidad y descripciones etnográficas. Una vez procesados los datos, se identificaron tres momentos o contexto propicios para la institucionalización jurídica de colectivos de mujeres y feministas de la ciudad de Córdoba (Argentina): el primero de ellos se ubica entre los años 1999 a 2003; el segundo entre los años 2007 a 2009; y el tercero entre los años 2011 a 2015.</p><p align="left"><strong>Abstract</strong></p><p>Adopting a situated and localized theoretical perspective, this paper proposes to understand what the objectives of women’s and feminist organizations were; and how Cordoba´s public space was configured prior to the emergence of the multisectoral #NiUnaMenos. For this, a qualitative intra-method triangulation design was applied, which gathered: documentary data, in-depth interviews and ethnographic descriptions. Once the data had been processed, three moments or contexts were identified for the legal institutionalization of groups of women’s and feminist organizations in the city of Córdoba (Argentina): the first of them is located between the years 1999 to 2003; the second, between the years 2007 to 2009; and the third, between the years 2011 to 2015.</p>
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Webber Nuñez, Kate. "Persuasive or Pipe Dream? The Potential Influence of the Feminist Judgments Project on Future Judical Decision Making." British Journal of American Legal Studies 9, no. 2 (August 4, 2020): 323–66. http://dx.doi.org/10.2478/bjals-2020-0018.
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AbstractThe Feminist Judgments Project (“FJP” or the “Project”) rewrites existing judicial opinions from a feminist perspective. This article explores whether and how the FJP's alternative jurisprudence can influence future legal decisions. The FJP seeks to change the law by revealing unconscious bias and opening judicial minds to previously unknown perspectives - a method that draws on psychological theories of decision making such as cultural cognition. This article takes a different approach and evaluates the FJP using theories from political science. In light of the increasingly conservative judiciary and the Republican administration, the attitudinal and strategic theories of decision making would give the FJP little prospect of actually influencing the law. Thus, this article focuses on historical institutionalism to present a theoretical explanation for why and how the FJP's re-envisioned law could possibly persuade the judiciary. Specifically, the article examines the degree to which the FJP draws on social facts highlighted by the #MeToo and LGBTQ rights movements and whether the Project thereby creates the conditions for social construction and resultant legal change. It also uses theories on displacement to present a critique of the FJP's more radical re-writes and points to the more moderate approach of ideational salience amplification as effective. Ultimately, it concludes that the FJP's path of persuasion is somewhat narrow and limited, but possible.
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Carlson, Laura. "Comparative Discrimination Law: Historical and Theoretical Frameworks." Brill Research Perspectives in Comparative Discrimination Law 1, no. 1 (November 17, 2017): 1–136. http://dx.doi.org/10.1163/24522031-12340001.
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AbstractHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The national frameworks examined are the United States, the United Kingdom and Sweden, focusing on the historical developments in each of the countries with respect to discrimination legislation. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. These include access to justice, comparative law method, feminist legal theory, critical race theory, post-colonial theory, queer theory and intersectionality.
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Galic, Branka. "A case study of retraditionalization and clericalization of the Croatian society: “Feminist threat” at the governing position of a higher education institution." Sociologija 60, no. 1 (2018): 210–25. http://dx.doi.org/10.2298/soc1801210g.
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A case-study from a governing position of a higher education institution in Croatia will seek to demonstrate processes of dynamics of governance, manipulation and patriarchal power relations towards professional and feminist engagement and resistance to the authoritarian imposition of patriarchal norms and expectations by personal case study with autoethnography method. This is a case of professional and personal working experience in the top-administration of a higher education institution in Croatia, where was expressed a whole range of manifold forms and abuses of power, public insults and defamations in an attempt to maintain the patriarchal power system, value system etc, further imposing a more rigid form of patriarchy, even more ?cemented?. In this process various actors, individuals, groups, institutions, various social influential groups have been involved. We shall examine especially repressive approach in an attempt to eliminate one person from her workplace in a higher education institution who was labelled as a secular and ?feminist threat? who publicly expressed her opinion on the perspective of a non-transparent hidden and later attempted networking of incompatible types of institutions with different religious versus scientific principles, values and legal foundations as well as patriarchy interests.
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Uberoi, Patricia. "Doing Kinship and Gender in a Comparative Context." Indian Journal of Gender Studies 24, no. 3 (October 2017): 396–421. http://dx.doi.org/10.1177/0971521517716822.
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Leela Dube (1923-2012) was an Indian social anthropologist / sociologist whose primary interest was in the field of family and kinship studies. This essay traces the zig-zag process of her intellectual evolution over five decades into one of the leading feminist anthropologists of her day – in India, in the Asian region, and indeed globally. Crucial turning points in this evolution were: (i) her self-initiated field study of the accommodation of the matrilineal kinship system of the Lakshadweep islanders with the androcentric legal apparatus of Islam; (ii) her role as the ‘sociologist’ member of the famous Committee on the Status of Women in India, an experience that convinced her that the best contribution she could make to the emerging women’s studies discourse was through the conceptual and methodological resources of her own discipline, anthropology; and (iii) her self-conscious deployment of the so-called ‘comparative method’ of anthropology to explore the contrasting patterns of gender relations in strongly ‘patrilineal’ South Asia versus ‘bilateral’ Southeast Asia. She saw this ambitious comparative exercise, largely ignored by both her admirers and her critics, as enabling an emancipatory rethinking of some of the dominant paradigms of Western feminism. It was also, incidentally, a bold step in the disciplinary evolution of Indian social anthropology.
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Mason, James. "The Myth of Madness: Murderous Mothers and Maternal Infanticide." Journal of Criminal Law 85, no. 6 (November 23, 2021): 441–54. http://dx.doi.org/10.1177/00220183211061218.
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The sex-specific doctrine of infanticide provides a merciful method of dealing with women who kill their newborn children in circumstances of psychological distress. This article examines the contentious medical rationale which underpins infanticide legislation with the purpose of providing a substantiated argument for the abolition of this antiquated doctrine. Specifically, a two-pronged approach is taken. First, by utilising the views of contemporary medical science, the scientific credibility of the medical rationale is scrutinised. Second, by drawing upon feminist legal theory, a myriad of concerns associated with the medicalisation of female offenders are critically discussed. Ultimately, it is suggested that the offence/defence of infanticide should be abolished and that crimes of this nature should be readily subsumed under the current partial defence of diminished responsibility.
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Berger, Linda L., Bridget J. Crawford, and Kathryn M. Stanchi. "Feminist Judgments: Comparative Socio-Legal Perspectives on Judicial Decision Making and Gender Justice." Oñati Socio-legal Series 8, no. 9 (December 31, 2018): 1215–23. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-0999.
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This collection of essays is the product of the workshop Feminist Judgments: Comparative Socio-Legal Perspectives on Judicial Decision Making and Gender Justice held at the International Institute for the Sociology of Law (Oñati, Spain) in May, 2017. The papers explain and explore the multiple global projects that attempt to rewrite judicial opinions by incorporating feminist legal reasoning or methods. Each essay grows out of the authors’ experiences working with projects based in a particular socio-political, geographical, historical and jurisprudential context: Canada, England, Australia, Ireland, New Zealand, Scotland, and a multi-jurisdictional international law project. Collectively, the essays bring new insights, methods and challenges to the study of the feminist project of equal justice across the boundaries of culture, race, nation and gender. Esta colección de artículos es producto del seminario Feminist Judgments: Comparative Socio-Legal Perspectives on Judicial Decision Making and Gender Justice, que tuvo lugar en el Instituto Internacional de Sociología Jurídica (Oñati, España), en mayo de 2017. Los artículos explican y exploran los múltiples proyectos globales que intentan reescribir opiniones judiciales incorporando razonamientos o métodos jurídicos feministas. Cada artículo proviene de las experiencias de las autoras en su trabajo con proyectos basados en un contexto sociopolítico, geográfico, histórico y jurisprudencial concreto: Canadá, Inglaterra, Australia, Irlanda, Nueva Zelanda, Escocia y un proyecto jurídico internacional multijurisdiccional. En conjunto, los artículos aportan nuevos enfoques, métodos y desafíos al estudio del proyecto feminista de justicia igualitaria, más allá de los límites de culturas, razas, países y géneros.
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Bartlett, Katharine T. "Feminist Legal Methods." Harvard Law Review 103, no. 4 (February 1990): 829. http://dx.doi.org/10.2307/1341478.
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Gervasio, Nicole. "The Ruth in (T)ruth: Redactive Reading and Feminist Provocations to History in M. NourbeSe Philip’s Zong!" differences 30, no. 2 (September 1, 2019): 1–29. http://dx.doi.org/10.1215/10407391-7736021.
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This essay coins the concept of redactive reading to describe a method for interpreting women’s absences in racialized and gendered histories of collective trauma through M. NourbeSe Philip’s 2008 poem, Zong! In 1781, the Zong crew murdered as many as 150 African captives following a water shortage and tried to claim insurance on victims. Gregson v. Gilbert denied plaintiffs the right to profit from murder without indicting anyone for the atrocity. This diasporic Caribbean poet revives mythological figures—notably, the biblical Ruth—to expose Western law and the English language as insidious tools of epistemic violence. In naming three archetypes that reincarnate “ruth”— the rebellious slave, the lady of society, and the raped whore—this article interrogates the white, patriarchal, imperialist imaginary behind the massacre. Redactive reading is a strategy for reading femininity as a structuring absence on which canons of exclusion—from legal rights to representational politics and the sympathetic imagination—are built.
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Ferreira, Letícia Cardoso, and Ana Gabriela Mendes Braga. "A “PERGUNTA PELA MULHER” NAS CIÊNCIAS CRIMINAIS: CONTRIBUIÇÕES DA METODOLOGIA FEMINISTA PARA O CAMPO DO DIREITO." Revista Opinião Jurídica (Fortaleza) 19, no. 32 (September 16, 2021): 316. http://dx.doi.org/10.12662/2447-6641oj.v19i32.p316-339.2021.
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Objetivo: Este trabalho discute as possibilidades e os desafios da aplicação de um método feminista nas Ciências Criminais. Em diálogo com as epistemologias feministas, especialmente mobilizando a noção de saberes posicionados, propomos um exercício de estranhamento da representação dos sujeitos criminais nos textos acadêmicos.Contextualização: As discussões deste artigo são resultado de uma experiência de pesquisa documental centrada nas representações das mulheres que cometem o crime de comércio ilegal de entorpecentes, tendo como fonte artigos científicos publicados em um importante periódico da área. Para destacar as marcas de gênero nesses textos, empregamos o método legal feminista desenvolvido pela autora estadunidense Katharine Bartlett no texto Feminist Legal Methods (1990).Metodologia: O presente artigo é fruto das reflexões teóricas, políticas e, especialmente, epistemológicas, que surgiram no delineamento metodológico desta pesquisa. Nesse sentido, realizamos, neste artigo, uma revisão da literatura nacional e internacional, especialmente produções feministas sobre métodos e políticas de produção de conhecimento no Direito.Resultados e contribuições: Com este trabalho, buscamos contribuir para o desenvolvimento de pesquisas na interface de Gênero e Direito, que permitam pensar não só em outros caminhos, mas também em outras perguntas referentes ao campo das Ciências Criminais.
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Sari, Fitria. "Negotiation and Autonomy of the Wives of Former Convicted Terrorists." Jurnal Perempuan 23, no. 3 (August 28, 2018): 173. http://dx.doi.org/10.34309/jp.v23i3.261.
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<p>The discussion on terrorism is currently focused on issues concerning law enforcement efforts, cooperation between defense institutions, analysis of legal policies, and definitions of terrorism. Women (especially wives) are excluded from the process of dialogue and response to terrorism. This study emphasizes the experience and voice of the wives of former convicted terrorists. This article explores the process of upheaval and negotiation from the extremist narratives contained in the logic of thinking as a struggle in the context of self-acceptance and autonomy. This study uses a case study approach with a feminist perspective, and in-depth interviews as a method of data collection. The feminist view of Relational Autonomy and the Politics of Piety was chosen as a theoretical framework for analyzing findings. The results of the study indicate that there is an indoctrination from the husband about the teachings of extremism and that the wife experiences a struggle to internalize the teaching. On the other hand, there are also findings that show wives also negotiate with their husbands in carrying out the teachings of extremism. The conclusion of this study shows that the wife's figure experiences the process of constructivism and relational autonomy in the struggle process and its negotiations so far. In addition, the wife can also be seen as an agent to strengthen the spirit of nationalism through the values of tolerance.</p><p> </p>
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MacIvor Thompson, Lauren. "The politics of female pain: women’s citizenship, twilight sleep and the early birth control movement." Medical Humanities 45, no. 1 (September 28, 2018): 67–74. http://dx.doi.org/10.1136/medhum-2017-011419.
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The medical intervention of ‘twilight sleep’, or the use of a scopolamine–morphine mixture to anaesthetise labouring women, caused a furore among doctors and early 20th-century feminists. Suffragists and women’s rights advocates led the Twilight Sleep Association in a quest to encourage doctors and their female patients to widely embrace the practice. Activists felt the method revolutionised the notoriously dangerous and painful childbirth process for women, touting its benefits as the key to allowing women to control their birth experience at a time when the maternal mortality rate remained high despite medical advances in obstetrics. Yet many physicians attacked the practice as dangerous for patients and their babies and antithetical to the expectations for proper womanhood and motherly duty. Historians of women’s health have rightly cited Twilight Sleep as the beginning of the medicalisation and depersonalisation of the childbirth process in the 20th century. This article instead repositions the feminist political arguments for the method as an important precursor for the rhetoric of the early birth control movement, led by Mary Ware Dennett (a former leader in the Twilight Sleep Association) and Margaret Sanger. Both Twilight Sleep and the birth control movement represent a distinct moment in the early 20th century wherein pain was deeply connected to politics and the rhetoric of equal rights. The two reformers emphasised in their publications and appeals to the public the vast social significance of reproductive pain—both physical and psychological. They contended that women’s lack of control over both pregnancy and birth represented the greatest hindrance to women’s fulfilment of their political rights and a danger to the healthy development of larger society. In their arguments for legal contraception, Dennett and Sanger placed women’s pain front and centre as the primary reason for changing a law that hindered women’s full participation in the public order.
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Filipenko, Larisa. "THE VIEW OF FEMINIST MAGAZINES OF THE RUSSIAN EMPIRE ON THE MARITAL PROBLEMS AND MORAL GENDER EQUALITY." Epistemological Studies in Philosophy Social and Political Sciences 4, no. 1 (July 21, 2021): 77–83. http://dx.doi.org/10.15421/342109.
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Feminism today is an alternative philosophical concept of socio-cultural development. The article highlights the marital problem and gender equality in the pages of feminist magazines of the early XX century in the Russian Empire. In modern society, there has been much discussion on the issues of gender equality, prohibition or legalization of abortion, legalization of prostitution, the relevance of legal marriage, child-rearing, etc., that is, socio-cultural aspects. All these issues were raised by the feminist press in the early XX century. The purpose of this article is to analyze the arguments of female correspondents of feminist magazines of the Russian Empire in accordance with the double standards, marriage and methods of achieving true gender equality. As a result of the study, we have identified that during the period moral and ethical issues were recognized as an important part of the “women’s issue”, which were considered by feminist women’s magazines through the prism of two officially recognized sexual institutions in the Russian Empire: marriage and prostitution. Women’s magazines sharply criticized the “double standards”, which set unequal demands on the morality of men and women. According to them, “double standards” was the principal cause underlying the existence of prostitution and humiliated position of a woman in the family, so feminists demanded the recognition of “single sexual morality” either in the direction of “sexual abstinence” or through “sexual freedom” for men and women.
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Moriarty, Jess, and Mel Parks. "Storying Autobiographical Experiences with Gender-Based Violence." Journal of Autoethnography 3, no. 2 (2022): 129–43. http://dx.doi.org/10.1525/joae.2022.3.2.129.
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In earlier work1 collaborative autoethnography was identified as a viable methodology for researching stories that drew on lived experiences with domestic abuse. Collaborative autoethnography offers a method of working with women outside of academia who have experienced gender-based violence (GBV) and including them as co-researchers whose writings can and should be valued as academic research. In this article, also a collaborative autoethnography, the authors explore methods for storying autobiographical experiences of GBV as a potential way of reclaiming stories whilst navigating the legal, ethical, and moral dilemmas sometimes associated with autobiographical writing that might help to make these stories less difficult to write, and also read, avoiding stereotypes that have led to critique around battle-weary narratives of GBV2 and bad romance tropes.3 The authors argue that evocative texts drawing on lived experiences but layering the real with the imaginary, the remembered with the fictitious, can be more accessible to read and write. Cook and Fonow4 argue that feminist work is often creative and spontaneous, and this article will detail writing methods that were shared by the authors in creative workshops with survivors of GBV as part of a project funded by the Arts and Humanities Research Council (AHRC).5 They also share examples of their own stories that have been inspired by this approach as well as the challenges and motivations of working in this way.
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Maine, Alexander. "Pet Lamb and Clothed Hyena: Law as an Oppressive Force in Jane Eyre." Student Journal of Professional Practice and Academic Research 1, no. 1 (February 1, 2019): 9–17. http://dx.doi.org/10.19164/sjppar.v1i1.793.
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Writing in 1864, the literary critic Justin M’Carthy stated that ‘the greatest social difficulty in England today is the relationship between men and women.’ This came at a time of unprecedented social and legal change of the status of women in the 19th Century. A prominent novel of the time concerning such social difficulty is Charlotte Brontë’s Jane Eyre: An Autobiography which attempts to reflect these social difficulties as often resulting from law. As such, the novel may be used as a reflection of the condition of nineteenth century English law as an oppressive force against women. This force is one that enacts morality through legality, and has particular resonance in literature concerning social issues. Jane Eyre will be discussed as a novel that provides insights into women’s experiences in the mid-nineteenth century. Law is represented within the novel as an oppressive force that directly subjugates women, and as such the novel may be regarded as an early liberal feminist work that challenges the condition of law. This article will explore the link between good moral behaviour, and moral madness, the latter being perceived as a threat to the domestic and the law’s response to this threat. It will pick upon certain themes presented by Brontë, such as injustice towards women, wrongful confinement, insanity and adulterous immoral behaviour, to come to the conclusion that the novelist presented law as a method of constructing immorality and injustice, representing inequality and repression.
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Yavuz Selim, ALKAN. "Feminist legal methods: theoretical assumptions, advantages, and potential problems." Ankara Law Review 9, no. 2 (2012): 157–74. http://dx.doi.org/10.1501/lawrev_0000000090.
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Craig, Elaine. "Converging Feminist and Queer Legal Theories: Family Feuds and Family Ties." Windsor Yearbook of Access to Justice 28, no. 1 (February 1, 2010): 209. http://dx.doi.org/10.22329/wyaj.v28i1.4495.
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The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being uncritically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests of women and sexual minorities. A recent decision from the Ontario Court of Justice addressing a three-parent family law dispute involving gay and lesbian litigants demonstrates why recognition of the convergences between feminist and queer legal theories can advance both queer and feminist justice projects. The objective of this article is to demonstrate, through different and converging interpretations of this case that draw on some of the theoretical insights offered in a new anthology called Feminist and Queer Legal Theory, one rather straight-forward claim. The claim advanced here is that activists, advocates, litigants and judges are all well served by approaching complex legal problems involving sex, sexuality and gender with as many “methods” for pursuing and achieving justice as possible.La notion que la théorie homosexuelle et le féminisme sont inévitablement en conflit l’un avec l’autre a été bien développée à la fois par les théoriciens et théoriciennes homosexuels et féministes. Les théoriciens et théoriciennes homosexuels ont critiqué les théories féministes les qualifiant d’être anti-sexe, trop moralistes, essentialistes et étatistes. Les théoriciens et théoriciennes féministes ont rejeté la théorie homosexuelle la qualifiant d’être pro-sexe sans esprit critique et dangereusement protectrice du domaine privé. Malheureusement, ces descriptions réductionnistes de ce qui constitue une pléthore d’approches théoriques aux questions de sexe, de genre et de sexualité qui sont diverses, éclectiques et qui se chevauchent manquent fréquemment de tenir compte de circonstances où ces approches méthodologiques convergent sur des projets légaux visant à faire avancer les intérêts juridiques complexes des femmes et des minorités sexuelles. Une décision récente de la Cour de justice de l’Ontario portant sur un litige en droit de la famille entre trois parents et impliquant des parties homosexuelles et lesbiennes démontre pourquoi la reconnaissance des convergences entre les théories juridiques féministes et homosexuelles peut faire avancer à la fois les projets légaux homosexuels et féministes. Le but de cet article n’est pas de suggérer qu’une seule «théorie juridique féministe homosexuelle» convergente soit possible, ou même désirable. Plutôt, le but est de démontrer, par le biais d’interprétations différentes et convergentes de ce cas qui s’inspirent de certaines intuitions théoriques présentées dans une nouvelle anthologie intitulée Feminist and Queer Legal Theory, une proposition assez simple. La proposition avancée ici est que les activistes, les avocats, les parties à un litige et les juges sont tous bien servis en abordant des problèmes légaux complexes au sujet de sexe, de sexualité et de genre avec autant de «méthodes» que possible pour considérer la justice dans tous ses détails.
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Suka Asih K. Tus, Desyanti. "HAK PEREMPUAN HINDU BALI ATAS HARTA WARISAN SUAMI." VYAVAHARA DUTA 16, no. 1 (March 31, 2021): 68. http://dx.doi.org/10.25078/vd.v16i1.2199.
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<p><em>Indonesia does not have a unified regulation regarding inheritance law. This legal pluralism occurs with the application of three different regulations related to inheritance law namely is Western Civil Law, Compilation of Islamic Laws and Customary laws which is applicable based on the region such as Bali Customary Laws. The customary law sourced from the norms, religion, principle that develop within the society. Customary inheritance law is strongly influenced by the family system that applies in every region in Indonesia. Customary inheritance law in Bali is influenced by the patrilineal system adopted in Bali. The patrilineal system adheres to the male line. The patrilineal system places men as the successors of the family including those who are obliged and entitled to family inheritance. This situation makes the position of women as subordinate parties in the family, especially in terms of inheritance. The rights of Hindu women in Bali to her husband's inheritance are often disregarded, forgotten, and abolished. Based on national law, a wife who is left dead by her husband will automatically become an heir. This situation does not necessarily apply to Balinese customary law with the patrilineal system. Social change and demands of the feminist theory have not brought a change to the application of Balinese customary inheritance laws in the community. The presence of provisions in the form of the MUDP (an Indonesia Governmental Body for Balinese) decision and the Supreme Court's decision have not been able to bring a change to the position of women (widows because of death) as husband's heir. The lack of knowledge and legal awareness of Hindu women in Bali over their position as heirs is one of the causes of the weak position of Hindu women in Bali as heirs. This paper will discuss the rights of Hindu women in Bali for husband's inheritance. This paper uses a normative juridical research method.</em></p><p><strong>Keywords</strong>: <em>Rights of Hindu Women in Bali, Husband's Inheritance</em></p>
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Imtihanah, Anis Hidayatul. "HUKUM KELUARGA ISLAM RAMAH GENDER: ELABORASI HUKUM KELUARGA ISLAM DENGAN KONSEP MUBADALAH." Kodifikasia 14, no. 2 (December 12, 2020): 263–82. http://dx.doi.org/10.21154/kodifikasia.v14i2.2197.
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Artikel ini mengelaborasi hukum keluarga Islam dengan prinsip mubadalah yang bertujuan untuk meminimalisir praktik dominasi, subordinasi dan bahkan kekerasan dalam keluarga. Sehingga sangat perlu mengangkat topik tentang relasi gender suami istri dalam keluarga untuk “membuka mata” akan pentingnya relasi yang sadar gender. Melalui kajian ini, diharapkan mampu mempertahankan akar hukum keluarga Islam yang ramah gender sehingga tidak akan ada lagi praktik dominasi dan subordinasi dalam kehidupan rumah tangga. Penelitian ini menggunakan metode kepustakaan (library research) dengan mengkaji berbagai macam sumber literatur yang berkaitan dengan topik relasi gender dalam keluarga sekaligus memadukannya dengan pendekatan feminis. Berdasarkan hasil penulusuran dari berbagai sumber referensi dijelaskan bahwa pola relasi suami istri yang baik itu adalah berdasar pada prinsip Al- Mu’asyarah bi Al- Ma’ruf. Hal tersebut akan terwujud jika kedua belah pihak yaitu suami istri saling memahami sekaligus menjalankan hak-hak dan kewajibannya secara resiprokal dan proposional, sehingga akan tercipta keselarasan. Tidak ada dominasi antara suami istri karena keduanya adalah saling melengkapi. Selain itu, keberadaan prinsip mubadalah dalam Hukum Keluarga Islam merupakan sebuah keniscayaan untuk mewujudkan tatanan hukum yang ramah gender dalam keluarga Islam. [This study elaborates on Islamic family law with the principle of mubadalah which aims to minimize the practice of domination, subordination and even violence in the family. Moreover, the discussion also reveals the importance of gender-awareness relations in the family life. Through this study, it is expected to be able to maintain the root of Islamic family law in the gender-friendly relation point of view. So, there will be no more practices of domination and subordination in the domestic life. This research uses the library research method by examining various sources of literature related to the topic of gender relations in the family and also involves the feminist approach. The results show that the pattern of an ideal relationship between husband and wife is based on the principle of Al-Mu'asyarah bi Al-Ma’ruf. It can be realized if the husband and wife can understand each other and at the same time carry out their rights and obligations proportionally and reciprocally, thereby the harmony can be realized. There is no domination between husband and wife because both are complementary. In addition, the existence of the principle of mubadalah in Islamic Family Law is a necessity to realize and optimize a gender-friendly legal order in the Islamic family.]
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Antonijevic, Zorana, and Kosana Beker. "Discourse analysis of gender equality and non-discrimination laws and strategies." Temida 20, no. 1 (2017): 95–117. http://dx.doi.org/10.2298/tem1701095a.
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Based on the contemporary research on gender and language, using the method of discourse analysis applied to the laws and policies, this article explains how certain linguistic practice, in the context of the administrative discourse, produces meaning that may or may not contribute to its better understanding and more efficient implementation. Through discourse analysis of gender equality and non-discrimination laws and strategies in Serbia, it has been shown how and with what consequences the socio-political and academic elites affect defining and promoting certain concepts (gender, sex, gender equality, discrimination) in one social and historical moment. The paper is placed in the theoretical framework of three visions of gender equality: perspective of equal treatment, women?s perspectives and gender perspective (Booth, Bennett 2002), that are corresponding to the three strategies for achieving gender equality: equal treatment, specific policy of gender equality and gender mainstreaming (Verloo, 2001). The discourse analysis of the Law on Gender Equality (2009), the National Strategy for the Improvement of the Position of Women and Advancement of Gender Equality (2009), the Law on Prohibition of Discrimination (2009) and the Strategy for Prevention and Protection against Discrimination (2013), has shown the context of use and meaning of terms gender and sex, as well as implications it has on their potential to change the existing paradigms and understanding of gender equality, and the implementation of policies in Serbia. Analysis of the use of terms sex and gender in the most important legal and strategic documents for achieving gender equality, showed that the choice of certain categories and terms is always a political choice. The authors show how these documents are written in the key of two gender perspectives and strategies: equal treatment and the specific policy of gender equality, while the third - introduction of a gender perspective and gender mainstreaming is almost not mentioned, although it is consider to have the greatest potential for transformation of existing patterns of power and hierarchy in society (Booth, Bennett, 2002; Verloo 2005; Walby, 2011). While it is clear that neither laws nor strategies can reflect the complete corpus of knowledge and ideology of gender equality and feminist theory, it is essential that they, at the discourse level, act as a source of new knowledge and understanding of these concepts. Better connection between these documents and the contemporary feminist theory, the use of knowledge accumulated within gender studies, as well as their consistent linguistic and terminological compatibility and innovation, would contribute to a better understanding of concepts, terminology and knowledge of gender equality among the general public.
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Howe, Adrian. "Feminist Methods and Sources in Criminology and Criminal Justice." Legal Information Management 16, no. 2 (June 2016): 102–7. http://dx.doi.org/10.1017/s1472669616000256.
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AbstractThis article by Adrian Howe is based on a presentation given at the ‘Sources and Methods in Criminology and Criminal Justice Conference’ in November 2015, jointly sponsored by the Institute of Advanced Education and the Socio-Legal Studies Association. She begins by querying whether there are indeed distinct feminist methods in the social sciences. She outlines the impact of what she calls the ‘methodical revolution’ on the criminology discipline, Foucault's contribution and Foucauldian methodologies deployed in criminological and criminal justice research.
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Yahyaoui Krivenko, Ekaterina. "The ICJ and Jus Cogens through the Lens of Feminist Legal Methods." European Journal of International Law 28, no. 3 (August 2017): 959–74. http://dx.doi.org/10.1093/ejil/chx043.
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Marshall, Ellen Ott. "THEOLOGICAL HUMILITY IN THE WORLD OF LAW." Journal of Law and Religion 32, no. 1 (March 2017): 93–97. http://dx.doi.org/10.1017/jlr.2017.17.
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“Legal theology” must mean more than theological reflection on legal topics just as “feminist theology” means more than theological reflection on “women's issues.” This is no simple application procedure, but a dynamic interaction between two fields of play, each with an internal variety of methods, considerations, and arguments. Amidst the varieties of Christian theology, Christian feminist theology has distinct methodological features that reflect experiences of subjugation and political commitments to equality and mutuality. Similarly, Christian legal theology—should it in fact develop—cannot claim to represent all Christian reflection as though Christian theology is monolithic and neutrally applied to a stagnant list of legal topics. Rather, Christian legal theology would reflect a distinctive way of doing theology in light of experiences, commitments, and practices within the “world of law.” Given the variety internal to Christian theology and the world of law, the configurations for Christian legal theology are indeed myriad.
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Sudiono, Linda. "The Vulnerability of Women in Dealing with Covid-19 Pandemic: Feminist Legal Theory Approach." Hasanuddin Law Review 7, no. 3 (December 23, 2021): 241. http://dx.doi.org/10.20956/halrev.v7i3.2350.
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Women are one of the community groups most affected by Covid-19 because most are workers with lower incomes and unprotected financial security. Moreover, most women occupy the informal sector, which is more vulnerable in accessing social security guarantees. In addition, domestic violence against women increases in several countries during the pandemic. This article aims to analyze the causes of the negative impacts of the Covid-19 pandemic on Women and formulate the legal solution using the Feminist Legal Theory approach. The results show that there are broadly two causes of negative impacts for women dealing with Pandemic Covid-19. Firstly, due to the inequality in economic structure. Secondly is the gender stigmatized social structure. In this case, the feminist legal theory approach can be used to reconstruct and reform the negative impacts, as well as reanalysis the solutions in realizing women's legal justice due to the outbreak of the covid-19 pandemic. This study offers three solution methods. Firstly, analyzing the legal methods in giving gender implications and perpetuating women's subordination. Secondly, making gender the main category in conducting legal analysis. Thirdly, considering gender specificity in achieving legal equality for women.
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Jannah, Roudhotul, and Sulhani Hermawan. "Hukum Sunat Perempuan dalam Pemikiran Musdah Mulia." Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi 4, no. 1 (May 20, 2022): 1–14. http://dx.doi.org/10.22515/alhakim.v4i1.5008.
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Controversy regarding female genital mutilation based on arguments occurred from various circles, both scholars, health experts and academics. Indonesia did not escape the debate. The Indonesian Ulama Council (MUI) and the two largest Islamic Community Organizations (Ormas) in Indonesia issued different fatwas. MUI has a sunnah fatwa, the Batsul Masa'il Institute of Nahdlatul Ulama (NU) has a sunnah and obligatory fatwa, and the Muhammadiyah Tarjih Institute condemns it as haram. In the midst of the heat of this feud, Musdah Mulia, a progressive Muslim feminist, came up with her thoughts on banning female genital mutilation. The focus of this research is Musdah Mulia's thoughts on female genital mutilation. This study aims to determine the characteristics and legal arguments of Musdah Mulia's thoughts on female genital mutilation. This study uses qualitative methods, while in collecting data the author used primary data in the form of interviews and secondary data from literature review in the form of books, articles and publications of scientific papers related to research. As for the analysis, the author used descriptive analysis method, which is a way of writing that prioritizes observations of actual symptoms, events and conditions in the present and then concludes things that are considered important and relevant. The results of the research show that Musdah Mulia's thoughts on female genital mutilation based on the arguments in the Al-Qur'an and Hadits. Musdah also emphasized aspects of benefit, basic medical and human rights. Practicing female circumcision is tantamount to doing things that are dangerous to women. Therefore, based on the above considerations, Musdah Mulia said the appropriate rule of law is la ḍarara wa la ḍirar, the meaning of which is to stay away from something dangerous is prioritized. Abstrak Kontroversi mengenai sunat perempuan dengan dilandaskan argumentasi-argumentasi terjadi dari berbagai kalangan, baik ulama, ahli kesehatan maupun akademisi. Indonesia tidak luput dari perdebatan tersebut. Majelis Ulama Indonesia (MUI) dan juga dua Organisasi Kemasyarakatan (Ormas) Islam terbesar di Indonesia mengeluarkan fatwa yang berbeda. MUI berfatwa sunnah, Lembaga Batsul Masa’il dari Nahdlatul Ulama (NU) berfatwa sunnah dan wajib, dan Lembaga Tarjih Muhammadiyah menghukumi haram. Di tengah hangatnya perseteruan ini, Musdah Mulia, seorang feminis muslim progresif, muncul dengan pemikirannya yang melarang sunat perempuan. Fokus dari penelitian ini adalah pemikiran Musdah Mulia tentang sunat perempuan. Penelitian ini memiliki tujuan untuk mengetahui karakteristik dan juga argumentasi hukum pemikiran Musdah Mulia tentang sunat perempuan. Penelitian ini menggunakan metode kualitatif, dalam mengumpulkan data penulis menggunakan data primer berupa wawancara dan data sekunder kajian kepustakaan berupa buku, artikel dan publikasi karya ilmiah. Analisis yang penulis gunakan metode deskriptif analisis, yaitu cara penulisan yang mengutamakan pengamatan terhadap gejala, peristiwa dan kondisi aktual pada masa kini kemudian menyimpulkan hal-hal yang dianggap penting dan relevan. Hasil dari penelitian menunjukkan bahwa pemikiran Musdah Mulia tentang sunat perempuan didasarkan oleh dalil-dalil dalam Al-Qur’an dan Hadis. Musdah juga menekankan aspek kemaslahatan, dasar medis dan hak asasi manusia. Dengan melakukan praktik sunat perempuan berarti sama saja dengan melakukan hal yang berbahaya kepada perempuan. Oleh karenanya, berdasarkan pertimbangan-pertimbangan di atas, Musdah Mulia mengatakan kaidah hukum yang tepat adalah la ḍarara wa la ḍirar, maksudnya adalah menjauhi sesuatu yang membahayakan diutamakan.
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Yusuf Eko Suwarno, Fatma. "Perdagangan Perempuan Nepal ke India dan Peran Jejaring Feminis Transnasional." Nation State Journal of International Studies 3, no. 2 (December 30, 2020): 258–75. http://dx.doi.org/10.24076/nsjis.2020v3i2.338.
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Nepal has faced high rates of woman trafficking to India for a long time. Various efforts were made but the rate did not decrease. This article intended to examine this phenomenon by examining the transnational feminist network (TFN), such as The Global Alliance Against Women Trafficking (GAAWT). GAAWT focuses on changes in the political, economic, social, legal system and structures related to the practice of trafficking in women by using a human rights approach to people who are regulated, non-discriminatory, uphold equality and uphold the principles of accountability, participation, and inclusiveness in the methodology, organizational structure and procedures. This study utilizes qualitative methods and transnational feminism theoretical framework. The result shows that GAAWT TFN has played a role in overcoming the issue of trafficking of Nepalese women to India by voicing the human rights of women in Nepal with a human rights approach. Even so, the trafficking of Nepalese women to India is still high. Therefore, evaluating approaches that pay attention to cultural aspects as well as various political identities at play can increase the effectiveness of TFN.
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Wahyuni, Widya. "Implementation of the Support Vector Machine Method for Sentiment Analysis Using Twitter Data." Knowbase : International Journal of Knowledge in Database 2, no. 2 (December 28, 2022): 166. http://dx.doi.org/10.30983/knowbase.v2i2.6019.
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<p>The development of feminism, which is centered on women all over the world who want to be free of male pressure, oppression, and inequality, has continued to the present day. Various public opinions about feminism are now being expressed on various social media platforms. There has been a long debate about feminism's critics and supporters in terms of equalizing women's intellectual and the role of women in making decisions. Not only that, but the desire to end acts of violence and injustice against women is a form of feminism that is often taken for granted, even in the legal realm. The purpose of this study was to examine public sentiment based on opinions shared on social media. Hashtags related to feminism from social media are the main data that will be used to analyze public opinion sentiments about feminism. In this study, 500 tweets were used, and the data was later separated into positive, negative, and neutral opinions before being analyzed using the Support Vector Machine (SVM) method. The results of this study obtained an accuracy of 72%, indicating that the use of SVM to perform sentiment analysis on Twitter data is quite good.</p>
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Bosworth, Mary, Carolyn Hoyle, and Michelle Madden Dempsey. "Researching Trafficked Women." Qualitative Inquiry 17, no. 9 (October 17, 2011): 769–79. http://dx.doi.org/10.1177/1077800411423192.
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This article exposes methodological barriers we encountered in a small research project on women trafficked for the purpose of sexual exploitation and our attempts, drawing on feminist and emergent methods, to resolve them. It critically assesses the role of institutional gatekeepers and the practical challenges faced in obtaining data directly from trafficking victims. Such difficulties, it suggests, spring at least in part from lingering disagreements within the feminist academic, legal, and advocacy communities regarding the nature, extent, and definition of trafficking. They also reveal concerns from policy makers and practitioners over the relevance and utility of academic research. Although feminist researchers have focused on building trust with vulnerable research participants, there has been far less discussion about how to persuade institutional elites to cooperate. Our experiences in this project, we suggest, reveal limitations in the emphasis on reflexivity in feminist methods, and point to the need for more strategic engagement with policy makers about the utility of academic research in general.
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Borisova, Yuliya Mikhailovna. "Main methods of Russian-Yakut translation of legal terms (based on the material of Russian-Yakut legal dictionary by B. N. Alekseev, V. N. Nikonov)." Филология: научные исследования, no. 8 (August 2020): 10–18. http://dx.doi.org/10.7256/2454-0749.2020.8.33644.
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The subject of this article is the methods of terminographical translation of legal terminology of the Sakha language employed in the Russian-Yakut legal dictionary. The goal of this work consists in determination of peculiarities of legal terminological lexicon and ways of conveying it to Yakut language. Terminographical analysis of the dictionary demonstrated that there is no strict rule for selecting the framework legal terms and terminological phrases. For example, the legal status of some commonly used words is questionable; the so-called “non-terminological” parts of speech manifest as the head term, and the form of feminine gender is presented excessively, which the authors propose on the equal basis with the form of masculine gender. This article is first to conduct a detailed analysis of instances of application of Russian-Yakut translation techniques of legal terms, such as equivalent, alternative translation, calquing, transliteration, as well as descriptive, situational and other translation methods. The article is based on the inductive-deductive method and method of selective sampling for terminographical analysis of translations of translation of legal terms and terminological phrases. The results terminographical analysis of the Russian-Yakut translation of legal allow concluding on the need for comprising the more extensive Russian-Yakut dictionaries of legal and sociopolitical terms.
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Situmorang, Jenny Rahayu Afsebel. "HUMAN RIGHTS FOR FEMALE TERRORIST OFFENDERS: SUICIDE BOMBERS AND THEIR FAMILIES MEMBERS." Marwah: Jurnal Perempuan, Agama dan Jender 21, no. 1 (July 1, 2022): 14. http://dx.doi.org/10.24014/marwah.v21i1.15309.
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ABSTRACTThis article shows a new perspective about female terrorist offenders, predominantly female suicide bombers. The method is a literature review with human rights and victim perspectives. The authors argue they are not indeed offenders in the terrorism and terror agenda, and even if they are lone offenders, they also have human rights. They are victims of power relations. How can female terrorist offenders, especially female suicide bombers and their families, get human rights? This article argues human rights ideas for them despite their position in society and legal as offenders or families of offenders. The victim and feminism perspectives use to support this idea. Female terrorist offenders include female suicide bombers who are still alive need protection in their daily lives, such as mental health and health access. [Artikel ini menunjukkan perspektif baru tentang perempuan pelaku terorisme terutama perempuan pelaku teror bunuh diri. Metode dalam penulisan menggunakan penelusuran literatur dengan penggunaan perspektif hak asasi manusia dan korban. Penulis menemukan bahwa mereka sebenarnya bukan pelaku sungguhan dalam terorisme maupun agenda teror, andai pun mereka pelaku independen, sebagai manusia mereka tetap punya hak asasi manusia. Mereka adalah korban relasi kuasa. Lantas, bagaimana perempuan pelaku terorisme secara khusus pelaku teror bunuh diri dan keluarganya mendapatkan hak asasi manusia? Artikel ini menggunakan pemikiran hak asasi manusia sebagai ide dan mengesampingkan posisi mereka sebagai pelaku maupun keluarga pelaku. Perspektif korban maupun feminis mendukung ide tersebut. Perempuan teroris termasuk perempuan pelaku teror bnuh diri yang masih hidup membutuhkan perlindungan dalam kehidupannya termasuk kesehatan mental maupun fisik.] Keyword: human rights, female suicide bombers, female terrorist, feminism, power relation
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Sumiharti, Sumiharti, and Sainil Amral. "Analisis Wawasan Jender Perempuan pada Perspektif Keluarga." Jurnal Ilmiah Universitas Batanghari Jambi 21, no. 3 (October 27, 2021): 1426. http://dx.doi.org/10.33087/jiubj.v21i3.1769.
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The purpose of this research is to describe women's gender insight from a family perspective through the characterization structure in Fira Basuki's novel Atap. This research uses descriptive qualitative research methods, solving problems in a study by describing or interpreting objects in the form of social phenomena or events that are revealed through expressions. Through this research, researchers can describe data from the object of research related to aspects of women's gender insight from a family perspective through the characterization structure in Fira Basuki's novel Atap. These aspects consist of aspects of socio-cultural change through the family and aspects of violence in the family from a feminist point of view. The source of data in this reseaech is the novel Atap by Fira Basuki. The data in this research were obtained from words, sentences, or expressions contained in the novel which refer to aspects of socio-cultural change through the family and aspects of family violence from a feminist point of view. The results showed that in socio-cultural changes through the family, it was found that there was still a gender bias towards justice that was obtained by women. Gender bias is also found in the female characters Kunti, Jane and Mak Umah as a result of violence in the family from a feminist point of view. Based on the problems that arise in socio-cultural relations through the family, it should be addressed wisely and directed in the form of protection. For example, legal protection is made and the public understands the existing forms of legal protection.