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Affirmative Consent is Not Enough: A Feminist Critique of the NSW Reforms and the Limits of Consent under Patriarchy Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-07-11 Genevieve Couvret
On 1 June 2022, long-awaited reforms to the law of sexual consent came into force in NSW. The central feature of the amendments is the introduction of affirmative consent – a ‘yes means yes’ standa...
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Feminist Witnessing: Everywhere All At Once: Coercive Control and the Impacts of Feminist Law Reform Efforts on Popular Culture Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-07-11 Sanam Amin
The term ‘coercive control’, referring to patterns of control, manipulation and abuse committed against current or former intimate partners and family members, has entered both the cultural and leg...
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Introduction to the Special Issue Romancing the Tomes 2.0: Feminism, Law and Popular Culture Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-07-11 Johanna Commins, Roanna McClelland, Sanam Amin
Published in Australian Feminist Law Journal (Vol. 50, No. 1, 2024)
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Horror in the Halls of Law: Pluralising Legal Stories in Once Upon a Time in Australia Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-05-14 Sarouche Razi, Anne Macduff, Kirsten Hoffman
In 2021, the Me Too movement took prominence in Australia following incidents which exposed gendered violence in the nation’s chief political, and legal institutions. The authors, teachers and stud...
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Final Fatal Girls – Horror and the Legal Subject Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-04-08 Penny Crofts, Honni van Rijswijk
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...
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Life as Distinct from Patriarchal Influence: Exploring Queerness and Freedom through Portrait of a Lady on Fire Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-04-01 Emma Genovese, Tamsin Phillipa Paige
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...
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On Romancing the Tomes: Popular Culture, Law and Feminism: A Public Conversation Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-03-22 Margaret Thornton, Johanna Commins
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...
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Performance, Credibility and #MeToo Testimony in Rush v Nationwide News Pty Ltd Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-03-22 Sarah Ailwood
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...
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Enemies of All Mankind: Gender, Violence and the Queering of Anne Bonny and Mary Read Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-02-27 Tegan Evans
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...
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‘A Daughter is Like a Pot of Fish Paste While a Son is Like Pure Gold’: Gendered Conceptions of ‘Human Dignity’ in Cambodia Australian Feminist Law Journal (IF 0.8) Pub Date : 2024-02-29 Boravin Tann
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 ...
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Child Sexual Abuse by Fathers in India: Exploring the Layers of ‘Honour’ in Trials Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-12-25 Arti Gupta
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...
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Behind Women’s Emancipation and Oppression: Contested Expertise in Global Microcredit Governance Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-10-26 Mostafa Haider
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 ...
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Hear Their Voices: Australia’s First Nations Women and the Legal Recognition of Their Rights to Water Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-10-01 Katie O’Bryan, kate harriden
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 ...
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Per Scientiam ad Justitiam? The Mythical Role of Emancipatory Science in the Decriminalisation of Same-sex Sexual Conduct through Constitutional Litigation Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-09-20 Daryl W. J. Yang
This 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 d...
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Advancing Queer-inclusive International Human Rights Law Education in Nigerian Classrooms through Indigenous Storytelling: Stories from a Law Classroom at Eko (Lagos, Nigeria) Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-06-09 David Ikpo
ABSTRACT This study grounds itself in contact theory and imagined contact theory to argue that contact and simulated/imagined contact with queerness contributes to the eradication of homophobic prejudices. Using international human rights soft law – the African Commission on Human and People’s Rights’ Resolution 275 on the protection against violence and other human rights violations against persons
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A Roundtable Conversation: Feminist Collaborative Ethos in International Law Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-06-07 Shaimaa Abdelkarim, Farnush Ghadery, Rohini Sen, Lena Holzer
ABSTRACT This roundtable discussion focuses on the collective commitment and the praxis of a feminist collaborative ethos in international law to imagine and centre alternative futures in the field. This discussion took place as part of the virtual workshop ‘International Law Dis/Oriented: Queer Legacies, and Queer Futures Workshop’ from which this special issue emerged. In this transcript of the roundtable
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An Introduction to International Law Dis/oriented: Sparking Queer Futures in International Law Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-06-01 Lena Holzer, Bérénice K. Schramm, Juliana Santos de Carvalho, Manon Beury
Published in Australian Feminist Law Journal (Vol. 49, No. 1, 2023)
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Queer Intersectional Perspective on LGBTI Human Rights Discourses by United Nations Treaty Bodies Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-05-04 Kseniya A. Kirichenko
ABSTRACT The article suggests applying queer intersectionality to the analysis of international LGBTI human rights discourse – particularly, those of UN treaty bodies. By focussing on three single-axis committees, this paper looks at possibilities to respond to queer critique of LGBTI human rights strategies. In particular, the article provides an overview of three UN treaty bodies that monitor the
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Queer Methodologies in the Study of Law: Notes about Queering Methods Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-04-11 Leonam Lucas Nogueira Cunha
ABSTRACT The notes I share in this article are the result of research conducted within the framework of the Doctoral Program in Rule of Law and Global Governance at the University of Salamanca. This research, based on a queer theoretical-epistemological approach, seeks to analyse and bring together the Spanish and Brazilian legal overviews regarding the recognition of trans rights, in view of reconstructing
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Human Rights Discourses and Subject Formations: Tainting Queer Theory with Psychoanalysis Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-03-30 Giovanna Gilleri
ABSTRACT International human rights law is a gendered discourse. This discursive terrain welcomes or (partially) rejects different subjects depending on their sex/gender identifications, manifestations and positioning. Queer theory is a piercing tool seeking to unearth the hidden hierarchies and attitudes behind the human rights talk. The queer method constantly questions the underlying intricacies
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The Texture of ‘Lives Lived with Law:’ Methods for Queering International Law Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-03-29 Odette Mazel
ABSTRACT Queer theory’s obligations to critique and problematise the mechanisms of power and discourse, especially law, remain important for revealing, unsettling and destabilising established sexual and gender norms. However, as Eve Kosofsky Sedgwick argues, the emphasis on paranoid or critical practices in queer theorising must be counterbalanced by recognising the queer methods of repair evident
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Four Challenges, Three Identities and a Double Movement in Asylum Law: Queering the ‘Particular Social Group’ after Mx M Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-03-20 Samuel Ballin
ABSTRACT This article examines the construction of identity and the ‘particular social group’ (PSG) under the 1951 Refugee Convention. In particular, it analyses the ways in which the identity of a non-binary asylum claimant is discussed in the Mx M case in the UK, and what the implications of this might be for the project of queering the PSG. The article identifies four central challenges for queering
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In Search of a Queerer Law: Two People’s Tribunals in 1976 Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-03-06 Claerwen O’Hara
ABSTRACT In 1976, two people’s tribunals took place which considered issues relating to non-normative sexuality. ‘People’s tribunals’ are civil society initiatives that assert a popular jurisdiction which operates outside of both the state and international institutions. In Brussels, there was the International Tribunal on Crimes against Women, which treated ‘compulsory heterosexuality’ as a crime
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Navigating the Disjuncture Between Domestic and Family Violence Systems: Australian Muslim Women’s Challenges when Disclosing Violence Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-02-14 Sandra Elhelw Wright
ABSTRACT This study uses an intersectional lens to examine disclosure among Australian Muslim women experiencing domestic and family violence (DFV). Findings reveal a disjuncture between formal DFV systems and Australian Muslim women’s realities. The disjuncture is fuelled by three key factors: reluctance to disclose violence due to discrimination and marginalisation; a disconnect between the language
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Critical Feminist Law-Making: Imitative Spaces and Improvised Coalitions Australian Feminist Law Journal (IF 0.8) Pub Date : 2023-01-09 Elif Ceylan Özsoy
ABSTRACT Feminists working in the law may experience tension between mainstreaming feminist ideas to make the everyday life of women better and maintaining a critical feminist method of law-making. Some (including myself) might at times feel pessimistic for the present, and future of, critical approaches to law. Mainstreaming feminist demands can be a powerful and effective method, potentially monopolising
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Introduction: Conceptualisations of Violence Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-12-22 Sayomi Ariyawansa, Anjalee de Silva, Balawyn Jones
Published in Australian Feminist Law Journal (Vol. 48, No. 1, 2022)
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Alternate Forms of Justice and Adjudicating Trauma in 13 Reasons Why Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-12-12 Rebecca Moldoveanu, Ashley Pearson
ABSTRACT This article interrogates the production of images of sexual violence, suicide and its traumatic aftermath within the television series, 13 Reasons Why. The understanding of law as a deeply cultural enterprise, constituted and influenced by aesthetic, affect and narrative, is invaluable to revealing law’s hidden structures and techniques. Drawing on cultural legal methodology and trauma literature
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Gender-Based Environmental Violence in Colombia: Problematising Dominant Notions of Gender-Based Violence During Peacebuilding Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-12-05 Natalia Urzola, María Paula González
ABSTRACT Colombia’s 2016 Peace Agreement is innovative in many ways. Remarkably, the agreement places significant emphasis on gender as a guiding principle. Gender-related measures are at the core of Colombia’s peacebuilding efforts. Nevertheless, six years after, parties have not fully implemented these measures; a narrow understanding of the concept of violence could be one of the reasons behind
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Removal of the Tampon Tax: A Costless or Pyrrhic Victory? Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-12-01 Kathryn James
ABSTRACT In 2018 the conservative government in Australia yielded to a sustained campaign of public pressure to remove the goods and services tax (GST) on menstrual products. The campaign is regarded by many as an unequivocal success – an unjust tax was removed from a class of product purchased almost exclusively by women at a minimal cost to revenue. In the process it forced attention to women's bodies
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Vulnerable to the State? The Indefinite Imprisonment of People with Intellectual Disability Under Forensic Mental Health Law as Structural Violence Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-25 Pan Karanikolas, Tessa-May Zirnsak
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
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Defamation Law and Epistemic Harm in the #MeToo Era Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-25 Michelle Harradine
ABSTRACT The #MeToo movement has encouraged victim-survivors of sexual misconduct to make use of social media and mass media journalism to report incidents in ways that are contrary to established legal norms. In part, this is an acknowledgement that traditional legal processes achieve little in responding to gendered harm. However, media companies and victim-survivors have increasingly been sued by
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Law Reform Processes and Criminalising Coercive Control Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-25 Jane Wangmann
ABSTRACT In 2005, Reg Graycar and Jenny Morgan published ‘Law Reform: What’s in It for Women?’ in which they raised a number of issues and tensions faced in feminist engagements with law reform processes. Relying on Graycar and Morgan’s work I explore three recent law reform processes focused on whether coercive control should be criminalised: the NSW Joint Select Committee on Coercive Control, the
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Violence in the Name of Equality: The Postal Survey on Same-Sex Marriage, LGBTQIA+ Activism and Legal Redemption Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-25 Odette Mazel
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
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Moving in a State of Fear: Ambiguity, Gendered Temporality, and the Phenomenology of Anticipating Violence Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-25 Joy Twemlow, Catherine Turner, Aisling Swaine
ABSTRACT This article adopts a feminist phenomenological method to flesh out the way in which gendered norms position the experience of anticipating violence. While women’s everyday lives are frequently polluted with an atmosphere laden with potential threats, the law struggles to adequately grasp this experience of anticipating violence. We argue that the dominant legal understanding of violence is
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Stuck in Suffering: A Philosophical Exploration of Violence Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-25 Gabrielle Mardon, Louise Richardson-Self
ABSTRACT This article considers and evaluates some of the elastic applications of the term ‘violence’. Some of the most well-known applications are structural, symbolic, epistemic, psychosocial, and linguistic violence. Should these phenomena be understood as violence-proper or are these merely provocative hyperbole? Some scholars are openly resistant to these elastic applications, arguing that calling
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White Gold on the Black Market: The Need for Regulation of Banking and Donation of Human Milk in Australia Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-22 Neera Bhatia, Julian Koplin, Ainslee Spadaro
ABSTRACT Human milk is in increasing demand. The health benefits of human milk for infants are well known. A limited number of formal Australian milk banks provide human milk to premature and sick infants. However, growing numbers of adults and parents from non-traditional families of healthy infants are buying and sharing it from the internet and social media sites for consumption. In Australia, human
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The Unhappy Marriage of ‘Queerness’ and ‘Culture’: The Present Implications of Fixating on the Past Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-11-17 Arti Gupta
ABSTRACT In September 2018, the Supreme Court of India in Navtej Johar v Union of India, decriminalised consensual same-sex sexual activities by reading down Section 377 of the Indian Penal Code. A significant aspect of the Court’s reasoning was that Section 377 was an embodiment of ‘Judeo-Christian’ morality and a colonial imposition. In providing that reasoning, the judgment does not stand alone
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Law and Gender in Translation Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-09-14 Miriam Bak-McKenna, Maj Grasten
Abstract Translation provides both an analytical tool and conceptual model for feminist legal research. Drawing on translation studies, feminist theory, and scholarship on gender and legal language, we show how translation assists in identifying how gendered points of difference and friction in law are articulated in communicative practice. The article moves from translation as the mechanical movement
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Laugh All You Medusas! Hélène Cixous’ Écriture Feminine as Feminist Legal Translation, Transformation, Transgression, and Translactation in the Era of Ai and the Anthropocene Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-09-14 Matilda Arvidsson
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
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Translating Gender Diversity In International Criminal Law: An Impossible But Necessary Goal Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-08-22 Rosemary Grey
The day-to-day practice of international criminal law typically requires that concepts from diverse countries and cultures be communicated in certain languages, often including French and English, the working languages of the International Criminal Court (ICC) and most United Nations (UN) courts. This article explores one challenge associated with this multilingual legal process, namely, the challenge
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Law’s Lolita Paradox: Translating ‘Childhood’ In Statutory Rape Jurisprudence Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-08-16 Luisa Teresa Hedler Ferreira, Maj Grasten
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
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Translating Sexuality Education in Ethiopia and Kenya: A Multi-Sited Approach Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-07-18 Sara Kolah Ghoutschi, Alina de Luna Aldape, Thorsten Bonacker
Abstract 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
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Speculative Egg Freezing and Oocyte Markets: Translating Metaphors of Body and Bank Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-07-18 Stu Marvel
Abstract This paper will take up the conceptual category of the American oocyte bank to think more closely about how metaphors of financialisation and efficiency translate within the context of human fertility and reproduction. It will analyse the biomaterial archive of human gamete banks and trace the ways in which the metaphor of the ‘bank’ moves across human reproduction and the production of value
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The Law and Politics of Consent: Legal and Political Subjectivity Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-05-19 Nan Seuffert
(2020). The Law and Politics of Consent: Legal and Political Subjectivity. Australian Feminist Law Journal: Vol. 46, No. 2, pp. 153-168.
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‘Collateral Damage’: Consent, Subjectivity and Australia’s #MeToo Moment Australian Feminist Law Journal (IF 0.8) Pub Date : 2022-01-17 Sarah Ailwood
Abstract Australia’s #MeToo moment has witnessed the publication of women’s experiences of sexual violence without their knowledge, involvement or consent. Focusing on Eryn Jean Norvill, Catherine Marriott and Ashleigh Raper, this article explores relationships between consent and subjectivity within the unauthorised public disclosure of women’s experiences of sexual violence that target high-profile
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Correction Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-11-05
(2020). Correction. Australian Feminist Law Journal: Vol. 46, No. 2, pp. 305-305.
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The Impact of British Parliamentary Legislations on Enslaved Women of the British Caribbean 1780s–1800s. Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-11-01 Justine K. Collins
Abstract Colonial slavery contained three interrelated aspects of law that transformed with the introduction of African slavery. Firstly, defining enslaved people as property, secondly, establishing forms of control over enslaved people, and thirdly, developing legal definitions of race, which distinguishes African enslaved people and their descendants from the rest of the population. The introduction
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The Case of Nie’s Refusal: Gender, Law and Consent in the Shadow of Pacific Slavery Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-09-17 Penelope Edmonds
(2020). The Case of Nie’s Refusal: Gender, Law and Consent in the Shadow of Pacific Slavery. Australian Feminist Law Journal: Vol. 46, No. 2, pp. 265-283.
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White Law/Black Deaths: Nomocide and the Foundational Absence of Consent in Australian Law Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-09-14 Maria Giannacopoulos
Abstract State and police brutality around the globe in 2020 brought into sharp focus the role of legal apparatuses in causing death, particularly of black and Indigenous lives. Against the backdrop of Black Lives Matter (#BLM) events and protests, #endSARS in Nigeria and amid the ongoing fight against Aboriginal deaths in custody in Australia, the critique made by Isobell Coe in Nulyarimma v Thompson
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Introduction to the Special Issue on Hygiene, Coloniality and Law Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-08-23 Alice Finden, Gina Heathcote, Paola Zichi
Published in Australian Feminist Law Journal (Vol. 47, No. 1, 2021)
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Getting Consent ‘Right’: Sexual Assault Law Reform in New South Wales Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-07-28 Julia Quilter
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
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Narrative of Feminist Resistance: Exploring Regulations of Leprosy in Postcolonial India Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-07-28 Dipika Jain, Kavya Kartik
Abstract Colonial policies on leprosy were predicated on the enactment of laws and the administration of systems that targeted ‘vagrancy' as disease control, subsuming classist, casteist, gendered and racial narratives within state response to the disease. Colonial state power, juxtaposed with the social capital of the Indian elite and ‘employed' middle classes, created exclusive spaces for containment
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Communicating Absence of Consent is not Enough: The Results of an Examination of Contemporary Rape Trials Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-07-21 Elisabeth McDonald
In a study of 40 adult rape jury trials, aimed at identifying how and why the questioning process in rape trials results in re-traumatisation, researchers noticed how often adult women complainants gave evidence of clearly expressed lack of consent – through words or conduct or a combination of both. In 26 cases the complainant also gave evidence of multiple attempts to negotiate the desired limits
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Prostitution and Moral and Sexual Hygiene in Mandatory Palestine: The Criminal Code for Palestine (1921–1936) Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-07-06 Paola Zichi
This article argues that at the turn of the twentieth century British feminists’ expertise on hygiene, sexuality and morality projected an early prototypical form of governance feminism in Mandate Palestine by producing a common language and a governmental apparatus which reflected racialised and orientalist assumptions, and limited indigenous women’s rights through tropes of progress and civilisation
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‘Sterilisation Must be Done Against Her Will’: Coloniality, Eugenics and Racism in Brazil 2018 — The Case of Janaína Quirino Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-06-23 Amanda Muniz Oliveira
Abstract This paper aims to demonstrate how the discourse of reproductive rights, led by the Global North, is close to a eugenic bias based on population control, and exercises direct influence in countries of the Global South, such as Brazil. To this end, I demonstrate that entities such as Planned Parenthood International (IPPF), have considerable relevance in national and international spaces dedicated
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Governing Conjugality: Social Hygiene and The Doctrine of Restitution of Conjugal Rights in England and India in the Nineteenth Century Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-06-23 Laura Lammasniemi, Kanika Sharma
Abstract This article focuses on the doctrine of restitution of conjugal rights (RCR) as a colonial legal transplant and examines how ideas of social and moral hygiene manifested in the debates around the doctrine in late-nineteenth century England and India. Originating in ecclesiastical law, the doctrine of RCR provides remedies and sanctions for the deserted spouse when one party has violated the
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Hygiene, Morality and the Pre-Criminal: Genealogies of Suspicion from Twentieth Century British-Occupied Egypt Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-06-23 Alice Finden
Abstract The concept of the ‘pre-criminal space’ has seen increasing uncritical use in countering terrorism policy since 9/11. It is understood by critical scholars primarily as a new legal temporality that brings forward the ‘threshold of criminal responsibility’, thus allowing for pre-emptive, suspicion-based criminalisation. This has allowed for the validation of measures such as arbitrary arrest
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The Construction of Motherhood in Semi-Colonial Egypt Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-06-23 Marianne Dhenin
ABSTRACT This paper argues that a new institution of motherhood was constructed through modernising reforms in law and medicine in semi-colonial Egypt. It shows that Egyptian women were characterised as ignorant of basic principles of health and hygiene and blamed for the high infant mortality rate in turn-of-the-century Egypt, which coincided with an ongoing reorientation of the Egyptian family in
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Stories and Words, Advocacy and Social Justice: Finding Voice for Aboriginal Women in Australia Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-03-16 Larissa Behrendt
Abstract. A framework of self-determination means not speaking on behalf of people – even as an advocate – but to create the environment and conditions for those who have been silenced to speak for themselves. This article reflects on the role of storytelling for justice for Aboriginal and Torres Strait Islander children and their families. I closely consider three stories of child removal, as told
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The Problem of the Subject: The Politics of Post-mortem Rights in the Aftermath of Drug-related Deaths Australian Feminist Law Journal (IF 0.8) Pub Date : 2021-05-17 Kate Seear, Suzanne Fraser, Annie Madden
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