Gender, Justice and Legal Feminism – serie

The edited volume explores the causes, forms, and cultures of gender-based violence in society, including how children are educated, how games, art and even language promote differences, stereotypes, neutrality between men and women. It is a place to reflect on the growing importance of tolerance, diversity and acceptance of others. The book focuses on many facets, whether in a confined or public space, with a series of empirical and theoretical chapters from around the world.The volume provides key contemporary commentary on the changing dynamics of gender-based violence. It unveils a range of contexts and spaces in which gender-based violence happens, showcasing its scale and impact worldwide. The discussions presented in the book encourage a critical reflection on the global pandemic of gender-based violence, prompting a vital question about the sufficiency and effectiveness of responses to this global crisis (Professor Olga Jurasz, The Open University Law School).

The edited volume explores the causes, forms, and cultures of gender-based violence in society, including how children are educated, how games, art and even language promote differences, stereotypes, neutrality between men and women. It is a place to reflect on the growing importance of tolerance, diversity and acceptance of others. The book focuses on many facets, whether in a confined or public space, with a series of empirical and theoretical chapters from around the world.The volume provides key contemporary commentary on the changing dynamics of gender-based violence. It unveils a range of contexts and spaces in which gender-based violence happens, showcasing its scale and impact worldwide. The discussions presented in the book encourage a critical reflection on the global pandemic of gender-based violence, prompting a vital question about the sufficiency and effectiveness of responses to this global crisis (Professor Olga Jurasz, The Open University Law School).

This book presents an in-depth exploration of the intricate negotiations of married Muslim women within Cape Town’s Muslim communities, navigating the complexities of legal pluralism governed by Muslim Personal Law (MPL). Spanning historical epochs from colonialism to the democratic era, it argues that MPL’s informal status perpetuates patriarchal norms, especially in the domain of marriage. It critically examines the consequences of the non-recognition of Muslim marriages within the civil legal framework and underscores the ambiguous intersections of MPL with broader legal systems, which leaves women in a precarious legal state overshadowed by religious doctrines.Adopting a gender perspective and an interdisciplinary approach that combines political science, sociology, and the law, the book reveals the historical roots of legal pluralism, while also shedding light on the political strategies that have perpetuated gender-stratified citizenship. Despite all the democratic promises, legal pluralism persists, contributing to gender disparities, and the book critically examines the government’s reluctance to address the marginalisation of Muslim women, especially through the lens of the proposed Muslim Marriages Bill (MMB).This book is essential reading for scholars in the fields of law, sociology, and gender studies, offering critical insights into the intersections of legal systems, religion, and gender dynamics within Muslim communities in Cape Town.

This book presents an in-depth exploration of the intricate negotiations of married Muslim women within Cape Town’s Muslim communities, navigating the complexities of legal pluralism governed by Muslim Personal Law (MPL). Spanning historical epochs from colonialism to the democratic era, it argues that MPL’s informal status perpetuates patriarchal norms, especially in the domain of marriage. It critically examines the consequences of the non-recognition of Muslim marriages within the civil legal framework and underscores the ambiguous intersections of MPL with broader legal systems, which leaves women in a precarious legal state overshadowed by religious doctrines.Adopting a gender perspective and an interdisciplinary approach that combines political science, sociology, and the law, the book reveals the historical roots of legal pluralism, while also shedding light on the political strategies that have perpetuated gender-stratified citizenship. Despite all the democratic promises, legal pluralism persists, contributing to gender disparities, and the book critically examines the government’s reluctance to address the marginalisation of Muslim women, especially through the lens of the proposed Muslim Marriages Bill (MMB).This book is essential reading for scholars in the fields of law, sociology, and gender studies, offering critical insights into the intersections of legal systems, religion, and gender dynamics within Muslim communities in Cape Town.

This book presents new perspectives on gender-based violence (GBV) in South Africa. It argues that violence against women is a manifestation of unequal gender relations and harmful manifestations of hegemonic masculinity, which are governed by patriarchal beliefs, institutions and systems. It includes chapters on quantitative research that assess not only the levels and determinants of violence against women but also men’s attitudes towards gender-based violence, perceptions of violence, the legislative frameworks governing violence against women in South Africa, and the current cases and jurisprudence relating to this scourge.In spite of its focus on South Africa, the book also provides insights for comparative scholars exploring the value of different constitutional articulations of human rights and how they support (or fail to support) efforts to combat violence against women. By assessing recent incidents and responses to gender-based violence, the book provides a view of not only the societal but also jurisprudential opportunities and pitfalls in this area that may be applicable elsewhere. Gender equality and, central to this, the right of women to live lives free of violence, is a precondition for full democratic participation and is a universal goal. Accordingly, the South African experience contributes to a wider understanding of the possibilities and limitations of societal and legal reform in challenging the ubiquity of violence against women.The book is aimed at researchers, practitioners, students, professionals and advocates in the field of gender-based violence.

This book presents new perspectives on gender-based violence (GBV) in South Africa. It argues that violence against women is a manifestation of unequal gender relations and harmful manifestations of hegemonic masculinity, which are governed by patriarchal beliefs, institutions and systems. It includes chapters on quantitative research that assess not only the levels and determinants of violence against women but also men’s attitudes towards gender-based violence, perceptions of violence, the legislative frameworks governing violence against women in South Africa, and the current cases and jurisprudence relating to this scourge.In spite of its focus on South Africa, the book also provides insights for comparative scholars exploring the value of different constitutional articulations of human rights and how they support (or fail to support) efforts to combat violence against women. By assessing recent incidents and responses to gender-based violence, the book provides a view of not only the societal but also jurisprudential opportunities and pitfalls in this area that may be applicable elsewhere. Gender equality and, central to this, the right of women to live lives free of violence, is a precondition for full democratic participation and is a universal goal. Accordingly, the South African experience contributes to a wider understanding of the possibilities and limitations of societal and legal reform in challenging the ubiquity of violence against women.The book is aimed at researchers, practitioners, students, professionals and advocates in the field of gender-based violence.

The edited volume aims at presenting the various forms of stereotyping. As a matter of fact, such logical inclination is not only perpetrated through common sense and public discourse, but also through regulation and various ethical practices. Law and politics, indeed, can have a relevant function in preventing the diffusion of bad and wrong gender stereotypes. "Stereotypes have been and remain a notion central to feminist/ gender inquiry. This edited volume brings forth original perspectives from a wide range of scholars from multiple and diverse angles. The editors, Condello and Wagner, distinguish between the frameworks of mythos, logos and nomos to show how stereotypes are entrenched in cultural narratives, normative systems and language. Authors in the volume explore how stereotypes influence policy, cultural norms and personal identity causing discrimination and exclusion. The volume aptly underscores the importance of recognizing how race, class, ethnicity, religion amongst other identities intersect with power and play out in areas like the media, education and law.  The various chapters reflect on the importance of interdisciplinary approaches to make sense of the persistence of stereotypes. The focus falls for example on gender stereotypes in the city; in textbooks, in criminal law, in the Bildungsroman and in various religious settings.The volume will be an essential read for anyone concerned about the world as it is trying to make sense of the pervasiveness and endurance of gender injustice. Judith Butler, in her latest work invokes the idea of ‘phantasm’ to illustrate how conservatives and reactionaries from various places have created fears to justify censorship, discrimination and injustice. The various takes on stereotypes in the volume highlights the role they play in putting this ‘phantasm’ to work.The chapters included here not only expose gender stereotypes and their entanglement with suffering and injustice but it also challenges us to think about and work towards alternatives. It beckons us to put our imaginaries to work, in the words of the editors, to ‘reimagine the world not as it is, but as it could be’."Karin van Marle, Research Chair Gender, Transformation, Worldmaking, University of the Western Cape

This book delves into the transformative efforts that sought to redefine punishment and rehabilitation, highlighting the pivotal role of Community Service Orders (CSO) and the legislative push to abandon the use of Short-Term Prison Sentences (STPS) for fine default. However, a deeper investigation reveals a critical oversight: the unique predicaments of women entangled in the criminal justice system were neglected. Through meticulous research and analysis, this work sheds light on the nuances of judicial discretion in the District Court, the inconsistencies in sentencing, and the challenges in implementing effective diversion policies. It presents an in-depth exploration of the legislative adjustments aimed at both ends of the sentencing spectrum and the unforeseen consequences these changes have had, particularly on women.Quantitative and qualitative research demonstrate that, in Ireland, there is a higher risk that when a woman reoffends this leads to increasingly harsher penalties. Women are offered fewer meaningful opportunities for self-improvement or programs aimed at addressing the socio-economic factors underscored by their offences.This book will be of interest to a broad spectrum of readers interested in criminal justice reform, gender studies, and socio-political history. It appeals to academics, practitioners, and policymakers in the fields of criminology, sociology, and law, offering fresh insights into the complexities of penal reform and its implications for different genders. Additionally, it caters to a general audience intrigued by the intersection of social justice, legal reforms, and gender equality.

The edited volume explores the unique positionality of girls as they experience gender-based violence. While girl children are often placed under the umbrella of womanhood, their location at the intersection of femalehood and childhood places them in a unique position with regards to various forms of exploitation and violence. Feminist theories, including feminist legal theory, provide pertinent avenues to explore girls’ positionalities, yet girl children should also be contextualized in relation to their current lived experiences. This book firstly explores the cultural and visual portrayal of girlhood and its relationship with gender-based violence, and secondly provides case studies of specific violations of human rights encompassing sexual violence and exploitation. It considers legal, social and economic avenues to support girls in reclaiming their identity, dignity and bodily integrity.Girls Positionalities at the Intersection of Identity and Violence fills an important gap in the literature by offering a comprehensive exploration of the unique situation of girls and gender-based violence in the 21st century. Chapdelaine-Feliciati brings together a remarkable set of scholars and practitioners in various disciplines, from childhood studies, law, history, political science and sociology, to communication and culture, digital arts, game studies and literature. Girls Positionalities covers timely issues, namely online violence, cosmetic surgery and deepfakes, popular platforms like TikTok, Instagram, Onlyfans and Pornhub, while addressing girls in specific situations, such as armed conflict, refugee girls, and violence in the educational setting. While many studies tend to focus on girls as victims, this volume emphasizes ways in which girls can be empowered and engage in the promotion of their rights through awareness-raising, policy reform and a cultural shift in the portrayals of girlhood globally. - Deanne Williams, Professor of English Literature and Girls' Studies, York University, Toronto, Canada, and Co-founder, Girls' Studies Research NetworkGirls Positionalities constitutes a significant contribution to the field of girls' studies, feminist theory, child studies, human rights and international law. As a multidisciplinary volume featuring junior as well as senior scholars, it provides novel perspectives on contemporary issues pertaining to girls in both the Global South and the Global North, from gender apartheid, guerilla girls, sexual harassment in education, coercive control in relationships, child marriage, and FGM, to online violence against girls, sexual and reproductive health, girls in video games, and girls' political activism on platforms such as TikTok. Chapdelaine-Feliciati’s volume is a "must read" for scholars and practitioners in human rights, feminist studies, childhood studies and girlhood studies. - Annick Farina, Professor of Linguistics, Université Paris Sorbonne Nord, France