Australian Feminist Law Journal最新文献_第6页

The Problem of the Subject: The Politics of Post-mortem Rights in the Aftermath of Drug-related Deaths 主体问题:与毒品有关的死亡后的死后权利的政治

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Australian Feminist Law Journal Pub Date : 2020-07-02 DOI: 10.1080/13200968.2021.1885201

Kate Seear, S. Fraser, A. Madden

{"title":"The Problem of the Subject: The Politics of Post-mortem Rights in the Aftermath of Drug-related Deaths","authors":"Kate Seear, S. Fraser, A. Madden","doi":"10.1080/13200968.2021.1885201","DOIUrl":"https://doi.org/10.1080/13200968.2021.1885201","url":null,"abstract":"Abstract In recent years, drug-related deaths have soared around the world. Some of these are overdose deaths, some are due to state violence as part of the ‘war on drugs’. Images of these deaths are often widely circulated in mainstream and social media. They are mobilised by anti-drug campaigners, anti-prohibitionists, family members seeking to memorialise their loved ones, and researchers. In all of these instances, of course, there is no question about whether the dead can consent to the sharing of such images, for they are no longer alive to do so. Where consent is not possible, how should the sharing of such images be approached? This article explores this issue. We focus on two concepts often mobilised when assessing the validity of post-mortem rights claims: shame, and what we call dignity-as-reputation. Through an analysis of two case studies of drug-related death, we explain why these concepts are an inadequate framework for assessing what is at stake within the specific and unique context of drug-related deaths. We argue that posthumanist legal theory and feminist scholarship on emotions provide an alternative foundation for legal approaches to images of death, and argue that post-mortem rights should be reworked.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":"169 - 188"},"PeriodicalIF":0.5,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2021.1885201","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45768318","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

Communicating Absence of Consent is not Enough: The Results of an Examination of Contemporary Rape Trials 传达不同意是不够的:对当代强奸审判的审查结果

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Australian Feminist Law Journal Pub Date : 2020-07-02 DOI: 10.1080/13200968.2021.1930432

E. McDonald

引用次数: 1

Correction 校正

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Australian Feminist Law Journal Pub Date : 2020-07-02 DOI: 10.1080/13200968.2021.1992157

引用次数: 0

The Law and Politics of Consent: Legal and Political Subjectivity 同意的法律与政治:法律与政治主体性

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Australian Feminist Law Journal Pub Date : 2020-07-02 DOI: 10.1080/13200968.2020.2059915

Nan Seuffert

{"title":"The Law and Politics of Consent: Legal and Political Subjectivity","authors":"Nan Seuffert","doi":"10.1080/13200968.2020.2059915","DOIUrl":"https://doi.org/10.1080/13200968.2020.2059915","url":null,"abstract":"It would be hard to overestimate the importance of the roles of consent and contract in modern conceptions of legitimate social, economic, and political relations. The ‘free agreement’ of ‘the individual’ in modernity is expressed through contracting with others in ways that he judges will further his own interests. [M]odern practices of consent through negotiation occur within and reproduce the colonization of indigenous people rather than initiating processes of decolonization. By entering into negotiations under these conditions, indigenous peoples thus appear to consent tacitly to their acquiescence in the imposed institutions... contrary to the generations of resistance. This is the problem of the subordination of one partner and the hegemony of the other.... It is a major reason why so many First Nations refuse to enter into treaty negotiations and so many indigenous people refuse to ratify agreements negotiated by their leaders. [Colonial] attitudes towards Aboriginal women deny any agency with which to consent to sexual relations since it is perpetually assumed. This writes out the violence, coercion and duress of white men and the constraints on the agency of Aboriginal women in the colonial context. If sexuality is relational, specifically if it is a power relation of gender, consent is a communication under conditions of inequality.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":"153 - 168"},"PeriodicalIF":0.5,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46346209","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

From Date Rape Jeopardy to (Not) Drinking Tea: Consent Humour, Ridicule and Cultural Change 从约会强奸的危险到（不）喝茶：同意的幽默、嘲笑与文化变迁

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Australian Feminist Law Journal Pub Date : 2020-07-02 DOI: 10.1080/13200968.2021.1885200

Tanya Serisier

{"title":"From Date Rape Jeopardy to (Not) Drinking Tea: Consent Humour, Ridicule and Cultural Change","authors":"Tanya Serisier","doi":"10.1080/13200968.2021.1885200","DOIUrl":"https://doi.org/10.1080/13200968.2021.1885200","url":null,"abstract":"Abstract This article traces a cultural shift in ‘consent humour’ by contrasting a Saturday Night Live skit that aired in 1993 mocking affirmative consent with the 2015 ‘Tea and Consent’ video produced by the Thames Valley police, in 2015, which insists that ‘consent is everything’. By reflecting on the cultural contexts and the ‘humour ideologies’ that underlie these examples, the article rejects a simple teleological interpretation of cultural change. It asks who and what is subject to ridicule in these jokes, contrasting the figure of the disruptive ‘victim feminist’ in the 1993 sketch with the ignorant subject who is ‘still struggling’ with consent in the 2015 clip. The article argues that both rely on a class-based politics of cultural capital to defend ideological constructions of ‘appropriate knowledge’ about consent. Where the SNL skit insists that consent is marked by its complexity, the ‘Tea and Consent’ video insists on its simplicity. The humour in both, however, rests on a sexually sophisticated middle-class subject laughing at those who do not possess the appropriate cultural capital in relation to sex and consent. In both cases, the ‘problem’ of consent is deflected away from normative heterosexuality and towards the ignorant other.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":"189 - 204"},"PeriodicalIF":0.5,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2021.1885200","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42574467","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: 3

Getting Consent ‘Right’: Sexual Assault Law Reform in New South Wales 获得“正确的”同意:新南威尔士州的性侵犯法改革

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Australian Feminist Law Journal Pub Date : 2020-07-02 DOI: 10.1080/13200968.2021.1930434

Julia Quilter

{"title":"Getting Consent ‘Right’: Sexual Assault Law Reform in New South Wales","authors":"Julia Quilter","doi":"10.1080/13200968.2021.1930434","DOIUrl":"https://doi.org/10.1080/13200968.2021.1930434","url":null,"abstract":"For the purposes of rape/sexual assault, the preferred approach for pursuing modernisation in Australia has been to legislate a positive definition of consent as ‘free and voluntary agreement’. The absence of consent in this form has become the primary touchstone for the crime. And yet, despite multiple waves of progressive legislative reform, too few victims of sexual violence find justice in the criminal courts. This article questions whether prevailing statutory models of consent definition may be more problem than solution. Drawing on the work of Pateman and Gatens in particular, I argue that while the repetition of the words ‘free and voluntary agreement’ make it a familiar and reassuring formula, its meaning is neither self-evident nor self-executing. It is possible that the definition opens a ‘gap’ between what is intended by the phrase and how it is filled in practice by the ‘common knowledges’ (Mariana Valverde, Law's Dream of a Common Knowledge (Princeton University Press, 2003)) of rape myths. Myth as ‘misunderstanding’ may be capable of legislative correction, but legislative correction of myth, understood as an excess of signification (Roland Barthes, Mythologies trans A Lavers (Jonathan Cape, 1972)), is elusive. The article also suggests that the practice of legislative correction may be flawed to the extent that it relies on naming and marking the limit of what consent is not – via categories of (exceptional) circumstance and vulnerability.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":"225 - 248"},"PeriodicalIF":0.5,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2021.1930434","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45462513","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: 2

The Case of Nie’s Refusal: Gender, Law and Consent in the Shadow of Pacific Slavery 聂拒绝案：太平洋奴隶制阴影下的性别、法律与同意

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Australian Feminist Law Journal Pub Date : 2020-07-02 DOI: 10.1080/13200968.2021.1960621

P. Edmonds

{"title":"The Case of Nie’s Refusal: Gender, Law and Consent in the Shadow of Pacific Slavery","authors":"P. Edmonds","doi":"10.1080/13200968.2021.1960621","DOIUrl":"https://doi.org/10.1080/13200968.2021.1960621","url":null,"abstract":"In 1881 Nie (also known as Nai), a Pacific Islander woman, walked off ‘Virginia’ plantation, south of Maryborough, in the colony of Queensland. Crossing through cane fields, she travelled in the thick tropical heat to nearby ‘Gootchie’ plantation to take up work as a domestic servant. Walking off Virginia plantation was a courageous act – and indeed a sovereign act of refusal – for within two weeks Nie was violently retrieved from Gootchie by her former employer and British lawyer, Theodore Wood, who believed she had broken a verbal contract with him. Wood arrived at Gootchie with another man, Harry, where they found Nie working in the kitchen of the main house alongside Irish servant Annie O’Leary. When Nie refused to go with the men, they took hold of her by force. Nie clung to the leg of the kitchen table, but the men overpowered her. As Annie looked on in dismay, the men dragged Nie across the floor, tied her hands up, put her into a cart and took her back to Virginia plantation. The Polynesian Inspector (or Protector), H.M. Hall, was alerted to the incident at Gootchie and the matter soon went to court, where Wood was charged with assault. The criminal case which ensued garnered intense public interest with the Bundaberg Star reporting on the incident with the sensational headline, ‘A Female Slave in Queensland’, invoking both Nie’s ‘rights’ and a much broader and sensitive political context around matters of labour, unfreedom and slavery in Queensland at this time. Significantly, Nie gave testimony of her assault and abduction by Wood in the Tiaro Court of Petty Sessions (Magistrates’ Court), an opportunity rarely given to a Pacific Islander woman at this time in Queensland. The Nie case, where a perpetrator was put on trial and a Pacific Islander woman could speak in her own right under oath in a colonial court may appear, at first glance, to be a triumph of the law over the persistence of slavery, the violation of human liberty, and the erasure of consent through physical violence, as was suggested by","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":"265 - 283"},"PeriodicalIF":0.5,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43462977","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

From Conditionality to Convergence: Tracing the Discursive Shift in Homo-Developmentalism 从条件性到收敛性:同质发展论的话语转换

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Australian Feminist Law Journal Pub Date : 2020-01-02 DOI: 10.1080/13200968.2020.1821459

Daryl W. J. Yang

引用次数: 5

Engaging with Law’s Menstrual Moment 参与法律的月经时刻

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Australian Feminist Law Journal Pub Date : 2020-01-02 DOI: 10.1080/13200968.2020.1822609

L. Steele, B. Goldblatt

引用次数: 4

Murder Ballads and Death in Song 杀人歌谣与歌曲中的死亡

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Australian Feminist Law Journal Pub Date : 2020-01-02 DOI: 10.1080/13200968.2019.1810894

Dan Newman

{"title":"Murder Ballads and Death in Song","authors":"Dan Newman","doi":"10.1080/13200968.2019.1810894","DOIUrl":"https://doi.org/10.1080/13200968.2019.1810894","url":null,"abstract":"Abstract This paper develops a typology of murder ballads to inform and assist legal scholars in engaging with this form of literature. Murder ballads are songs about death and killing, originating in seventeenth-century Europe thereon forming the bedrock of American folk, blues and country music from around the late nineteenth century onwards. This is a sub-genre of music explicitly focused on murder and, as such, presents a form of popular culture of great relevance to legal scholars, especially those with an interest in crime and justice. To date, legal scholarship has not given proper attention to murder ballads despite the vibrancy of the law and literature movement. This paper offers a call to rectify this dearth, following the law in literature approach of gaining insight into the human condition that can thereon be used to improve understanding of how law and society interact. The paper draws out a central theme of these murder ballads that speaks to a strong gender role in the narrative; violence against women. The ramifications of the normalisation of killing women that occurs in these traditional songs should be further developed to help understand the foundational role such cultural messages may have exerted on wider society.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"46 1","pages":"17 - 38"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2019.1810894","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46520832","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