Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the conventional criminal justice system to secure these aims. While important reforms have been made, justice continues to elude many victims. Many feel re-victimized by a system which marginalizes their interests and denies them a voice. Restorative justice offers the potential to secure justice for rape victims, but feminist (...) resistance has resulted in few programmes tackling such crimes. In After the Crime, Susan Miller evidences the positive outcomes of a restorative justice programme tackling serious offences including rape and recommends their development. However, her vision is ultimately limited by her recommendation of only post-conviction restorative processes and the implicit endorsement of the conventional criminal justice system. I argue that feminist strategy and activism must rethink its approach to what constitutes justice for rape victims, going beyond punitive state outcomes to encompass broader notions of justice, including an expansive approach to restorative justice. (shrink)

In the course of the last thirty years, feminist theories of gender have shifted from quasi-Marxist, labor-centered conceptions to putatively “post-Marxist”culture- and identity-based conceptions. Reflecting a broader political move from redistribution to recognition, this shift has been double-edged. On the one hand, it has broadened feminist politics to encompass legitimate issues of representation, identity, and difference. Yet, in the context of an ascendant neoliberalism, feminist struggles for recognition may be serving to less to enrich struggles for redistribution than to displace (...) the latter. I aim to resist that trend. In this essay, I propose an analysis of gender that is broad enough to house the full range of feminist concerns, those central to the old socialist-feminism as well as those rooted in the cultural turn. I also propose a correspondingly broad conception of justice, capable of encompassing both distribution and recognition, and a non-identitarian account of recognition, capable of synergizing with redistribution. I conclude by examining some practical problems that arise when we try to envision institutional reforms that could redress gender maldistribution and gender misrecognition simultaneously. (shrink)

Forgiveness is an untapped force in our revenge-oriented culture. These stories show that forgiveness is not condoning or forgetting, or failing to set limits. Forgiveness is recognizing and acknowledging all that was wrong, but refusing to be destroyed by it, and refusing to be drawn into a cycle of hatred and bitterness.

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United (...) Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace. (shrink)