Currently, abortion can be lawfully performed in China at any gestational stage for a wide range of social and medical reasons. I critically explore the Chinese regulatory model of abortion in order to examine its practical effects on women. Although I focus on the post-Maoist abortion law, I also analyse the imperial Confucianism-dominated regulation and the Maoist ban on abortion in order to scrutinise the emergence of the notion of ‘glorious motherhood’. By examining how ‘glorious motherhood’ is constructed and reinforced (...) in the Chinese family planning context, I argue that the post-Maoist government intentionally made abortion ‘law in the books’ unrestrictive in order to impose its control over female fertility. As a result of this, women are persuaded and even forced to lead a ‘glorious’ maternal life, which means sacrificing themselves for the purpose of achieving the state’s Malthusian and eugenic demographic goals. Furthermore, I argue that, in addition to exacerbating gender oppression, abortion law’s embrace of the idea of ‘glorious motherhood’ also produces ‘group oppression’ of unmarried women and working-class women. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

Violence against women has been a topic engaging feminist legal scholars for a long time, with a renewed feminist advocacy emerging to highlight sexual violence experienced by women during the armed conflicts in the Former Yugoslavia and Rwanda in the early 1990s. One of the most important legal developments to emerge from this has been the creation of the office of the Special Rapporteur on Violence against Women, its Causes and Consequences, as part of a series of developments at the (...) UN level that finally accorded explicit recognition to violence against women as a human rights concern. In May 2015, Dr. Daniela Nadj interviewed UN Special Rapporteur, Professor Rashida Manjoo, during her visit to give the annual lecture at the Criminal Justice Centre, Queen Mary, University of London. The interview, an edited version of which is presented here, addressed broad themes including the meaning of liberation for women, especially in a post-conflict setting, the pervasive socio-economic inequality faced by women as an enduring obstacle to equality around the world, the normativity gap on violence against women, academic activism, and the politics of legal information. (shrink)

The SlutWalk campaigns around the world have triggered a furious debate on whether they advance or limit feminist legal politics. This article examines the location of campaigns such as the SlutWalk marches in the context of feminist legal advocacy in postcolonial India, and discusses whether their emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that the SlutWalks, much like the Pink Chaddi (panty) campaign in India, provide an important normative and discursive challenge (...) to a specific strand of feminism based on male domination and female subordination in the area of sexuality and also speaks to the emergence of consumer agency in the very heart of pleasure in the neo-liberal moment. It serves as a space clearing gesture, a form of feminism ‘lite’, rather than offering a transformative or revolutionary politics, and thus enables the possibility of feminist theoretical positions in a postcolonial context that have hitherto been marginalised or ignored in feminist legal advocacy in India to emerge. (shrink)

While the norm amongst states seeking to repress protest movements which challenge their legitimacy is to resort to the ideology of the criminal law and allegations of violence against protesters as a means of depoliticising their activity there have been times when this method has appeared to those in power to be inadequate as a means of weakening or crushing a particular movement. The Ferguson protests in the summer of 2014 were initially met with police repression, but ultimately the National (...) Guard was called in to respond to the protests, which were presented as being orchestrated by “outsiders”. In this way, the protests were re-politicsed for the purposes of justifying the deployment of the military against the people. This justification is antithetical to the notion and purpose of protest such as that in Ferguson, which is to be regarded as successful precisely in its having generated a broad movement that individuals and groups from across US states were moved to join. (shrink)

This article examines whether the gender balance on the High Court of Australia has disrupted the gender regime. In so doing it considers the first lead judgments of the three women judges who sat concurrently on the High Court of Australia between 2009 and early 2015. The High Court has adopted an interesting informal practice of welcoming new judges whereby the newest member authors the lead judgment and their judicial colleagues offer a one-line concurrence. The way in which judicial authority (...) is conferred in these judgments is reminiscent of the space in political spheres where an incumbent has their first opportunity to set out their identity and agenda in a speech free of the noise of dissent or debate; the ‘maiden’ speech. In that space the price an incumbent pays for comity is conformity. This article contends that the first judgment is a useful way of situating a discussion about women judges’ contributions vis-à-vis difference by querying the extent to which the woman judge can ever shake-off her status as the maiden bound to conform for the sake of comity. (shrink)

The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address such questions as ‘what is a (...) field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’. (shrink)

Jurisdiction, Scale and Governance: Chronotopes of Law develops a post-metaphysical framework for analyzing the spatio-temporal workings of law and other forms of governance. In this regard, it does not seek merely to combine analyses of legal temporality carried out by anthropologists with analyses of law and space carried out by geographers and socio-legal scholars. Adding two metaphysical abstractions together does not produce anything but somewhat more complex, but equally metaphysical, abstractions. After Kant, 'time' and 'space' are simply categories of human (...) understanding, not metaphysical entities. And, in this book Mariana Valverde develops an anti-metaphysical theoretical approach to law that aims not to theorize the world in general, but rather to be useful to researchers who seek to shed light on the actual workings of law and other forms of governance. Written by one of the foremost theorists in the area, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society. (shrink)

The aim of this paper is to propose a research agenda for future studies of local forms of caregiving. It does this by exploring practices of care giving and receipt through the prism of childcare. Focusing on Nairobi, it investigates one critical form of care work in the city: the labour of women who work as ‘nannies’ in private homes, a form of labour that has received little systematic study or scholarly attention. Every day, women in Nairobi construct complex and (...) far-ranging care chains that ensure that the socially necessary labour of childcare takes place. The phenomenon of ‘diverted mothering’ that has been associated with the globalisation of care can also be understood as a local phenomenon. Whereas global care chains involving migrant domestic workers have been the focus of detailed investigation, hitherto the workings of more widespread and highly fragile local care chains in the cities of the third world have been neglected. We argue that it is critical to understand practices of intimate and emotional labour in the context not just of global migration but in situations of severe intersecting inequalities within the global south. (shrink)

Rights of Women attracted much UK media attention in late 2014 by bringing a judicial review that challenged the reduced provisions for family law legal aid available for victims of domestic violence: R v The Lord Chancellor and Secretary of State for Justice [2015] EWHC 35. In June 2015, within Rights of Women’s 40th anniversary year, Hannah Camplin interviewed the organisation’s Director Emma Scott about the decision to bring the judicial review, the advantages and challenges of the judicial review process, (...) and the experience of strategic litigation within the context of Rights of Women’s long history of campaigning for women’s rights. What emerged is a portrait of a feminist organisation in 2015, and, in a fast changing political and financial landscape, the dual importance of collaborative working and the need for flexibility in service provision and campaigning tools. (shrink)