Australian Feminist Law Journal最新文献_第4页

Defamation Law and Epistemic Harm in the #MeToo Era #MeToo时代的诽谤法与认识论危害

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Australian Feminist Law Journal Pub Date : 2022-01-02 DOI: 10.1080/13200968.2022.2146303

Michelle Harradine

引用次数: 0

Vulnerable to the State? The Indefinite Imprisonment of People with Intellectual Disability Under Forensic Mental Health Law as Structural Violence 易受国家影响?根据《法医精神卫生法》对智力残疾者的无限期监禁作为结构性暴力

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Australian Feminist Law Journal Pub Date : 2022-01-02 DOI: 10.1080/13200968.2022.2138183

Pan Karanikolas, Tessa-May Zirnsak

{"title":"Vulnerable to the State? The Indefinite Imprisonment of People with Intellectual Disability Under Forensic Mental Health Law as Structural Violence","authors":"Pan Karanikolas, Tessa-May Zirnsak","doi":"10.1080/13200968.2022.2138183","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138183","url":null,"abstract":"ABSTRACT Violence against people with intellectual disability is commonly understood to occur as a result of an individual’s heightened ‘vulnerability’, based on their disability status. Critical disability studies scholars have problematised ‘vulnerability’, critiquing this term as being socially produced and based in a negative ontology of disability. In this article, we critically reflect on the ways in which people with intellectual disability labels are subjected to structural violence via criminalisation and indefinite detention in prison through the operation of interlocking and multi-layered systems, such as police systems, prison systems, guardianship systems, and the operation of forensic mental health systems. We argue that vulnerability framings used by these systems serve to obscure the structural violence that they ultimately perpetuate. To conduct this analysis, we engage with a testimony: Sue’s story. Sue is an intellectually disabled woman, whose entry into the criminal legal system in Victoria begins with police contact and summary offence charges and ends in indefinite detention after an assessment of unfitness is made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA). Through an examination of Sue’s case and treatment under the CMIA, we argue that one of the key limitations of vulnerability theories is that notions of ‘vulnerability’ imply a need for protection that can both obscure and animate the use of carceral responses which reproduce harm and embed the ongoing debilitation of criminalised disabled people in society.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"11 - 30"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46561460","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}

引用次数: 0

Violence in the Name of Equality: The Postal Survey on Same-Sex Marriage, LGBTQIA+ Activism and Legal Redemption 以平等为名的暴力:同性婚姻、LGBTQIA+行动主义与法律救赎的邮政调查

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Australian Feminist Law Journal Pub Date : 2022-01-02 DOI: 10.1080/13200968.2022.2138184

O. Mazel

{"title":"Violence in the Name of Equality: The Postal Survey on Same-Sex Marriage, LGBTQIA+ Activism and Legal Redemption","authors":"O. Mazel","doi":"10.1080/13200968.2022.2138184","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138184","url":null,"abstract":"ABSTRACT Violence has underpinned many of the laws relating to LGBTQIA+ people in Australia since colonisation, demarcating them as deviant and criminal and denying them access to the same rights as others. Since the 1970s, legal reforms have, as Robert Cover might describe it, demonstrated the redemptive quality of law in its response to LGBTQIA+ peoples’ commitment and activism over time. More recently, the legal definition of marriage was amended to include two people regardless of their sexual orientation, gender identity, or sex characteristics. Whilst this legal achievement was widely celebrated, the postal survey on same-sex marriage that was conducted as a pre-requisite for legislative change, brought to the fore the continuing violence that LGBTQIA+ people suffer as a result of law even in moments of redemption. In this empirical paper, I draw on Robert Cover’s jurisprudential practices and bring these into relationship with the lived experiences of LGBTQIA+ people to both expose the nature of the violence experienced by LGBTQIA+ people during the postal survey and in the name of legal equality, and to frame LGBTQIA+ peoples’ legal activism as queer jurisprudence — to show how LGBTQIA+ people do create law and legal meaning through community action.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"137 - 163"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47292450","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}

引用次数: 0

Translating Sexuality Education in Ethiopia and Kenya: A Multi-Sited Approach 埃塞俄比亚和肯尼亚的性教育翻译:一个多站点的方法

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Australian Feminist Law Journal Pub Date : 2021-07-03 DOI: 10.1080/13200968.2021.2088932

Sara Kolah Ghoutschi, Alina de Luna Aldape, Thorsten Bonacker

{"title":"Translating Sexuality Education in Ethiopia and Kenya: A Multi-Sited Approach","authors":"Sara Kolah Ghoutschi, Alina de Luna Aldape, Thorsten Bonacker","doi":"10.1080/13200968.2021.2088932","DOIUrl":"https://doi.org/10.1080/13200968.2021.2088932","url":null,"abstract":"Abstract\u0000 In this article, we explore how comprehensive sexuality education (‘CSE’) is being translated across different sites in Ethiopia and Kenya. The comprehensive approach to sexuality education is seen as both a tool for implementing numerous internationally established rights around sexuality and reproduction and it is also increasingly recognised as a human right on its own alongside the right to health and education. However, it is strongly contested by various actors and on multiple sites in terms of its claim of being culturally relevant and sensitive and it is also instrumentalised as a norm-spoiling tool used to contest related norms around sexual and reproductive health and rights (‘SRHR’). With this empirical study, we contribute to research on the translation of contested norms and ideas in different contexts. We problematise the difficulties of the universal language underlying human rights approaches and the ambiguity of comprehensive sexuality education when considering the extent to which CSE can develop emancipatory potential through translation. Focusing on the practices of translation among and within these different transnational sites, we examine where and how contested norms such as CSE are translated, arguing that a focus on researching sites of translations allows us to grasp the varieties of translation.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"251 - 282"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43914114","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}

引用次数: 1

Translating Gender Diversity In International Criminal Law: An Impossible But Necessary Goal 翻译国际刑法中的性别多样性：一个不可能但必要的目标

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Australian Feminist Law Journal Pub Date : 2021-07-03 DOI: 10.1080/13200968.2022.2105005

R. Grey

引用次数: 0

Swedish Foreign Policy Feminisms: Women, Social Democracy and Capitalism 瑞典外交政策女权主义:妇女、社会民主和资本主义

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Australian Feminist Law Journal Pub Date : 2021-07-03 DOI: 10.1080/13200968.2022.2088189

Leila Brännström, Markus Gunneflo

引用次数: 3

Law’s Lolita Paradox: Translating ‘Childhood’ In Statutory Rape Jurisprudence 法律的洛丽塔悖论:强奸罪法理中“童年”的翻译

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Australian Feminist Law Journal Pub Date : 2021-07-03 DOI: 10.1080/13200968.2022.2101234

Luisa Teresa Hedler Ferreira, Maj Grasten

{"title":"Law’s Lolita Paradox: Translating ‘Childhood’ In Statutory Rape Jurisprudence","authors":"Luisa Teresa Hedler Ferreira, Maj Grasten","doi":"10.1080/13200968.2022.2101234","DOIUrl":"https://doi.org/10.1080/13200968.2022.2101234","url":null,"abstract":"Abstract This article addresses how normative views about ‘childhood’ are translated into statutory rape legislation and court judgments at the highest legal level in Brazil, in the Federal Supreme Court. The article draws on literature on the sociology of childhood to trace how courts translate societal narratives in the construction of agency, vulnerability and victimhood with regard to children and sexuality. Analysing historical and contemporary statutory rape legislation and Federal Supreme Court decisions over a 20-year period, we argue that the legal subjecthood of child victims of sexual crimes is constructed at the intersection of prevailing norms in society about childhood and moralising discourses about women’s sexuality. Deviating from norms about childhood results in the prominence of women’s sexuality and sexual desire in legal and judicial argumentation, situating children in a legal-semantic space in which they are simultaneously denied the agency that characterises adulthood and the special protection that compensates for this lack of agency in childhood protection laws. We refer to this legal situation and friction as the ‘Lolita paradox’ of statutory rape jurisprudence.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"229 - 249"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45363081","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}

引用次数: 0

Laugh All You Medusas! Hélène Cixous’ Écriture Feminine as Feminist Legal Translation, Transformation, Transgression, and Translactation in the Era of Ai and the Anthropocene 美杜莎，笑吧!希克斯的Écriture女性主义:艾时代与人类世的法律翻译、转型、越界与翻译

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Australian Feminist Law Journal Pub Date : 2021-07-03 DOI: 10.1080/13200968.2021.2083781

M. Arvidsson

{"title":"Laugh All You Medusas! Hélène Cixous’ Écriture Feminine as Feminist Legal Translation, Transformation, Transgression, and Translactation in the Era of Ai and the Anthropocene","authors":"M. Arvidsson","doi":"10.1080/13200968.2021.2083781","DOIUrl":"https://doi.org/10.1080/13200968.2021.2083781","url":null,"abstract":"ABSTRACT This text considers Hélène Cixous’ écriture feminine (‘writing feminine’) as one way to do feminist legal translation. It discusses the importance of ‘writing one self’ as legal scholars in our own time as a reflection both on what law as well as what the self is or can be. To write one self through écriture feminine is a feminist act in contestation to the ‘phallocentric’ search for the law’s (phallo-)‘originary first term or logos’. Drawing on Yoriko Otomo’s feminist legal scholarship, I show that écriture feminine writes the world differently through the writing of the self; something which is urgently needed in a time of, as Anna Grear puts it, ‘necrotic, predatory imperative of Euro-centric petro-capitalism and rampant industrial consumerism’. Legal scholarship has often considered Cixous’ work in the context of ‘the linguistic turn’ – a turn that has been out of vogue for some time now. Hence, Cixous’ écriture feminine is rarely explicitly part of contemporary critical legal scholars’ efforts. In this text, however, I argue that Cixous’ scholarship, and her écriture feminine, is necessary to contemporary legal scholarship in its turn to new materialism, tech and AI: The feminist translation, transformation, transgression and translactation in écriture feminine interrupt the phallocentric predatory imperative embedded in the world such legal scholarship tries to make sense of and rework.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"283 - 297"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47806198","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}

引用次数: 0

Law and Gender in Translation 翻译中的法律与性别

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Australian Feminist Law Journal Pub Date : 2021-07-03 DOI: 10.1080/13200968.2022.2105006

Miriam Bak-McKenna, Maj Grasten

引用次数: 0

Speculative Egg Freezing and Oocyte Markets: Translating Metaphors of Body and Bank 投机性卵子冷冻与卵母细胞市场:身体与银行隐喻的翻译

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Australian Feminist Law Journal Pub Date : 2021-07-03 DOI: 10.1080/13200968.2021.2082757

S. Marvel

引用次数: 0