Australian Feminist Law Journal最新文献

{"title":"Final Fatal Girls – Horror and the Legal Subject","authors":"Penny Crofts, Honni van Rijswijk","doi":"10.1080/13200968.2024.2333541","DOIUrl":"https://doi.org/10.1080/13200968.2024.2333541","url":null,"abstract":"In mainstream culture, the horror genre is frequently looked down upon as trivial, shlocky and nasty – horror films are seen as being cheap to make, made for a younger, mass audience, and horror fi...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"96 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140598199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Life as Distinct from Patriarchal Influence: Exploring Queerness and Freedom through Portrait of a Lady on Fire","authors":"Emma Genovese, Tamsin Phillipa Paige","doi":"10.1080/13200968.2024.2328192","DOIUrl":"https://doi.org/10.1080/13200968.2024.2328192","url":null,"abstract":"This article examines the interconnection of queerness and freedom in Céline Sciamma’s film Portrait of a Lady on Fire. The article focuses on the unattainable relationship between Héloïse and Mari...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"58 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140598330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Performance, Credibility and #MeToo Testimony in Rush v Nationwide News Pty Ltd","authors":"Sarah Ailwood","doi":"10.1080/13200968.2024.2326674","DOIUrl":"https://doi.org/10.1080/13200968.2024.2326674","url":null,"abstract":"Rush v Nationwide News, a defamation case between Geoffrey Rush and the publishers of the Daily Telegraph, has been credited with exerting a ‘chilling effect’ on the #MeToo moment in Australia. The...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"18 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140205672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Romancing the Tomes: Popular Culture, Law and Feminism: A Public Conversation","authors":"Margaret Thornton, Johanna Commins","doi":"10.1080/13200968.2024.2326678","DOIUrl":"https://doi.org/10.1080/13200968.2024.2326678","url":null,"abstract":"Emerita Professor Margaret Thornton's edited collection, Romancing the Tomes: Popular Culture, Law and Feminism was published in 2002, and grew out of the workshop Margaret organised under the ausp...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"11 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140201212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":" ‘A Daughter is Like a Pot of Fish Paste While a Son is Like Pure Gold’: Gendered Conceptions of ‘Human Dignity’ in Cambodia","authors":"Boravin Tann","doi":"10.1080/13200968.2024.2316808","DOIUrl":"https://doi.org/10.1080/13200968.2024.2316808","url":null,"abstract":"The concept of human dignity is not universally understood and has many different meanings across diverse contexts. This article interrogates conceptions of human dignity in Cambodia by drawing on ...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140018323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enemies of All Mankind: Gender, Violence and the Queering of Anne Bonny and Mary Read","authors":"Tegan Evans","doi":"10.1080/13200968.2024.2310315","DOIUrl":"https://doi.org/10.1080/13200968.2024.2310315","url":null,"abstract":"Anne Bonny and Mary Read remain the best known, and perhaps only, female pirates active in the so-called Golden Age of Piracy, the late 17th and early 18th century in the Caribbean. They were caugh...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"50 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140025350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Child Sexual Abuse by Fathers in India: Exploring the Layers of ‘Honour’ in Trials","authors":"Arti Gupta","doi":"10.1080/13200968.2023.2281463","DOIUrl":"https://doi.org/10.1080/13200968.2023.2281463","url":null,"abstract":"Feminist scholarship has devoted significant time and space to critiquing court judgments that make patriarchal-normative assumptions about consent, resistance to sex, ‘provocation’ of dress, habit...","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139052137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Behind Women’s Emancipation and Oppression: Contested Expertise in Global Microcredit Governance","authors":"Mostafa Haider","doi":"10.1080/13200968.2023.2268877","DOIUrl":"https://doi.org/10.1080/13200968.2023.2268877","url":null,"abstract":"Experts often debate global microcredit governance along two opposing spectrums: microcredit as either an emancipatory or oppressive instrument for women. Expert debates about women’s emancipation and oppression through microcredit, however, neither consider the women for whom the debate is staged as experts nor explore in sufficient detail the role and effects of expertise. Drawing on a series of interviews in rural Bangladesh, the article offers expert reflections on microcredit governance of three women, often referred to as ‘poor women’ by experts. It puts the three women’s worldviews in an analytical comparison with those of selected microcredit experts. Far from engaging with women’s agency, the article argues that well-known microcredit experts often overestimate their own knowledge and underestimate the knowledge of women, rendering the latter as docile subjects of social and legal reform. With the help of the three women, the article illuminates the role of expertise in the reproduction of knowledge and social hierarchy in global microcredit governance.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136381761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hear Their Voices: Australia’s First Nations Women and the Legal Recognition of Their Rights to Water","authors":"Katie O’Bryan, kate harriden","doi":"10.1080/13200968.2023.2253015","DOIUrl":"https://doi.org/10.1080/13200968.2023.2253015","url":null,"abstract":"This article aims to highlight the expertise of First Nations women in water management and use, and the necessity of having their voices heard in this space, as their voices have not received the attention or respect, yindyamarra, they deserve in Australian water law and policy. Before critically examining the articulation of a right to water in the international human rights framework as it applies to First Nations women, this article opens by introducing the nature and importance of First Nations women’s water rights. The article then turns to Australia, outlining the emergence of First Nations rights generally, before turning its attention to water rights. In that respect, Commonwealth law and policy is analysed, given that it is the nation-state with legal personality in international law. Two contrasting case studies follow, illustrating the importance and fragility of First Nations women’s water rights. The article concludes that international law evidences a deficit discourse, providing little basis for nation-states to recognise the holistic nature of water rights of First Nations women, and that Commonwealth law and policy, although showing promising signs, has yet to provide any meaningful scope for First Nations women to use and manage water according to First Nations law.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135407507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"<i>Per Scientiam ad Justitiam</i> ? The Mythical Role of Emancipatory Science in the Decriminalisation of Same-sex Sexual Conduct through Constitutional Litigation","authors":"Daryl W. J. Yang","doi":"10.1080/13200968.2023.2255937","DOIUrl":"https://doi.org/10.1080/13200968.2023.2255937","url":null,"abstract":"ABSTRACTThis article examines the role that emancipatory science on the innateness and aetiology of sexual orientation has played in the legal advancement of gay rights by analysing recent constitutional decisions on laws criminalising same-sex sexual conduct, in light of the global proliferation of such litigation. Standing at the intersection of comparative constitutional law and science and technology studies, it analyses how judgments on the criminalisation of same-sex sexual conduct across six jurisdictions, namely Belize, Trinidad and Tobago, Botswana, India, Kenya and Singapore, between 2016 and 2020, have dealt with arguments based on emancipatory science. Building on existing scholarship on the role of emancipatory science in the pursuit of queer justice, this article shows how such science has played a mythical role in judicial decisions on the constitutionality of same-sex sexual conduct. In addition to its empirical and theoretical contributions, this article cautions gay right activists and lawyers to carefully consider whether and why they intend to introduce the science of sexual orientation in constitutional litigation over laws criminalising same-sex sexual conduct. AcknowledgementsThe author is grateful to Professor Holly Doremus, whose class on science and regulatory policy an earlier version of this paper was written for, the two anonymous reviewers for their feedback and guidance, and the journal’s editorial team. All errors remain the author’s own.Disclosure StatementNo potential conflict of interest was reported by the author(s).Notes1 Indian Penal Code 1860 (Act 45 of 1860), s 377.2 Navtej Singh Johar v Union of India [2018] 10 S.C.C. 1 [143] (Plurality Opinion of the Chief Justice).3 EG & 7 others v Attorney General; DKM & 9 others (Interested Parties); Katiba Institute & another (Amicus Curiae) (High Court, 2019) [393].4 Kenyan Penal Code 1948 (Cap. 63), ss 162 and 165.5 Welcome to Truth Wins Out’s LGBT Science Project (Directed by Truth Wins Out, 2013) &lt;https://www.youtube.com/watch?v=vrykpK_MpE8&gt; accessed 14 December 2021.6 ibid.7 Henry L Minton, Departing from Deviance: A History of Homosexual Rights and Emancipatory Science in America (University of Chicago Press 2001) 3.8 ibid 2.9 James Steakley, ‘Per Scientiam Ad Justitiam: Magnus Hirschfeld and the Sexual Politics of Innate Homosexuality’ in Vernon A Rosario (ed), Science and Homosexualities (Psychology Press 1997).10 Janet E Halley, ‘Sexual Orientation and the Politics of Biology: A Critique of the Argument from Immutability’ (1993) 46 Stanford Law Review 503; Edward Stein, ‘Sexual Orientations, Rights, and the Body: Immutability, Essentialism, and Nativism’ (2011) 78 Social Research: An International Quarterly 633.11 Dudgeon v UK (1981) Series A no 14, (1981) 4 EHRR 149.12 For a general account of the rise in constitutional litigation against the criminalisation of same-sex sexual conduct, see, Achim Hildebrandt, ‘Routes to Decriminalization: A Comparative Analy","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136312970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}