Law,language, and the power of ‘invisible threats’ of violence against women

Violence, and the threat of violence, is a pervasive feature of women's lives. From high-profile threats in politics to everyday harms such as domestic abuse, violence, threat, and intimidation control women's behaviour and silence their voices. Yet in many cases the pernicious and harmful effect of threat is not captured by the law. Drawing on the work of sociologist Pierre Bourdieu and empirical research undertaken in Northern Ireland, this article analyses the ways in which both objective and ‘incorporated’ social structures generate invisible forces of fear and threat that the law does not see, but that women feel and structure their lives around. The article develops the novel conceptual tool of ‘invisible threats’ to capture threat as harm, to show the relation between threat and gendered (in)securities, and to challenge institutions of the law to respond better to invisible threats as perceived and articulated by women.     

Women Corrections Officers in Men's Prisons

ABSTRACT

Women have worked as corrections officers (COs) in some adult male prisons in most states for the past two decades. However, the degree of acceptance of women COs and the perception of women officers' job performance by men officers have varied greatly. This study was based on the results of a survey of men and women officers working in men's prisons in a midwestern state. Comparisons of the officers' responses about women's acceptance, safety, and perceived job performance revealed some significant gender differences. The results indicated that while women faced some resistance among men officers, it was not to the extent suggested by previous research studies, and the resistance came primarily from more experienced men officers. Women officers were confident of their ability to work effectively in men's prisons. The resistance to women that persists among some men officers is likely to provide an obstacle for women seeking opportunities for advancement and promotion in adult male prisons.     

We were conscious of the sort of people we mixed with

In the Republic of Ireland, the family is both a private entity and a construct of the state, and the relationship between family and state is outlined in the Irish constitution. In the Northern Irish state a similar conviction that the family unit is essential to the welfare of society has been implicit in social policy and legislation, as has the classification of women's place. Access to financial resources has played a significant role in situating the family in society and income and social class were inextricably interwoven.

This paper explores how social attitudes have shaped family behaviour and identity in mid twentieth century Ireland, particularly in terms of the part played by women. Class consciousness and definitions of “respectability” are considered, using oral history testimony from a number of women remembering when they were young in the 1930s and 40s. The interviewees accepted the domestic role assigned to them by popular consensus and social policy. Their stories contain frequent references to their reluctance to associate with people whose occupations were judged to be inferior because of the lower status accorded to certain kinds of work. The paper will consider the extent to which legislators and policy makers shared such class awareness and how that might have influenced the shaping of the family unit in Ireland in the middle decades of the twentieth century.     

Italian women after development

The highly successful economic development over the past 30 years of central and northeastern Italy, commonly referred to as the Third Italy, has created significant economic and social gains for the regions' women. The high historical prevalence of extended and multiple households among agricultural sharecroppers provided the social materials necessary for constructing a rapid and efficient engine of accumulation in the area's dynamic, small-firm-based economy. Though women have achieved some economic autonomy through employment and entrepreneurial activities, their achievement of greater economic equity is impeded by the continuing double burdens of employment inside and outside of the home. After examining the dimensions of women's status mobility with particular reference to the Marche region, one of the Third Italy's most economically dynamic, as well as socially conservative regions, it is argued that increasing state subsidies to families with children might increase women's options and help achieve greater equity between the sexes.     

Italian women after development: Employment,entrepreneurship, and domestic work in the Third Italy

The highly successful economic development over the past 30 years of central and northeastern Italy, commonly referred to as the Third Italy, has created significant economic and social gains for the regions' women. The high historical prevalence of extended and multiple households among agricultural sharecroppers provided the social materials necessary for constructing a rapid and efficient engine of accumulation in the area's dynamic, small-firm-based economy. Though women have achieved some economic autonomy through employment and entrepreneurial activities, their achievement of greater economic equity is impeded by the continuing double burdens of employment inside and outside of the home. After examining the dimensions of women's status mobility with particular reference to the Marche region, one of the Third Italy's most economically dynamic, as well as socially conservative regions, it is argued that increasing state subsidies to families with children might increase women's options and help achieve greater equity between the sexes.     

Problems in the pathways to judicial success: women in the legal profession in Northern Ireland

ABSTRACT

This paper considers women’s representation in the under-explored context of the judiciary in Northern Ireland. Previous research into the experiences of women practitioners in the legal profession in Northern Ireland has indicated that women are discouraged from pursuing judicial careers for a variety of reasons associated with their gender. Further research into the gendered barriers these women practitioners face is required in order to assess the extent to which the same may impede their career progression. This paper uses a critical, social constructionist feminist approach to explore some of the gendered barriers influencing women’s under-representation in Northern Ireland’s judiciary. It is contended that representation can only be improved when women’s retention and progression through the ranks of the legal profession is addressed. Employing gender as a lens, this paper will analyse potential difficulties faced by the women solicitors and barristers in Northern Ireland in order to assess future judicial gender parity prospects in this jurisdiction as it is these women solicitors and barristers who form the female “talent pool” from which future members of the judiciary will be selected.     

Female homicide offenders: Trends over time in an institutionalized population

The records of 460 female homicide offenders, admitted to a state prison for women between 1940–66 and 1981–83, were examined to determine changes in the character of the offender and the criminal event itself. While there were several respects in which the contemporary murderess differs from her predecessor, overall the data have questioned the extent to which changing roles for women have influenced the character of female homicide over time. Whatever influence the women's movement might have had on middle- and upper-class women, the contemporary murderess seems as far from liberation as her sisters in the '40s, '50s, and '60s.     

Service v. Security Focus in Training Assessments

ABSTRACT

As jails have moved to professionalize their staffs the role of the correctional officer has become broader in scope and now encompasses both service and security functions. However, some research suggests that female correctional staff may have more of a “service” orientation than males. In our analysis of one dataset from exclusively women's jail facilities we investigate correctional officer preferences for training (service v. security) to see if they differ by gender. We find that both male and female correctional officers generally rank service type training over security and that they differ little in their overall assessment of initial training provided and usefulness of in-service training. We also find that minority officers may be more likely to value service training than their nonminority counterparts.     

To object or not to object: The question of women judges in Egypt

Developing countries where women have not been permitted into the judiciary are excluded from feminist scholarship on women and the law. Such exclusion limits comparative views to a specific cultural‐historical domain. This paper explores the case of Egypt, where women have not entered the judiciary, in an attempt to extend the cross‐cultural discussion. A premise of the paper is that a theological vision of women's gender roles, which is qualitatively different from the prevailing one in the West, is a strong influencing factor on women's access to the judiciary in Egypt. After presenting a brief overview of women's status in Islam, this paper explores perspectives on women's role as judges within Islamic Shari'a. Building on the brief exploration of Islam's views regarding women's access to the judiciary, this paper then presents contemporary debates regarding women as judges in the Egyptian case. A recommendation for a more careful examination of the theological influences on the Egyptian debate regarding women's access to the judiciary concludes the paper.     

Trapped in Resistance: Collective Struggle through Welfare Fraud in Israel

This paper offers a qualitative empirical examination of the noncompliance of Israeli female welfare recipients with welfare laws and authorities. The paper demonstrates that their behavior, defined as “welfare fraud” by the law, is a limited form of collective resistance to the Israeli welfare state. Although the acts of welfare fraud that the women in my study engaged in entail a political claim against the state, the relationship between these acts and notions of collectivity is very constricted in form. The women's collectivity is shown to be constrained by the welfare authorities' invasive and pervasive investigation practices and methods. Due to fear of disclosure to the authorities, the women emerged as deliberately isolating themselves from their immediate environment and potential members of their like‐situated collective. This weakens the connection between the women's acts of resistance and their collectivity, and prevents their acts of resistance from driving social change, trapping them in their harsh conditions and existence.     

Sisters in Terrorism? Exploding Stereotypes

New Terrorism is increasingly deploying women in the field as combatants. Female suicide bombers have proven to be highly effective, precisely because of the persistence of gender stereotypes in target societies. Women terrorists convey a powerful message of political seriousness, heighten the sense of intimidation and threat, and attract greater mass media attention—all key strategic objectives of New Terrorism. Gender stereotypes are also at work in explanations for women's recourse to terrorist activism. Such stereotypes simplify complex motivations and either overvalue or undervalue women's agency. The net result of this stereotyping is that women end up worse off individually and collectively, domestically and internationally. The lives of women in geopolitical hotspots have become more precarious, and the valorization of women terrorists undermines the quest for women's emancipation in fundamentalist cultures. In Western democracies, paternalistic outrage at women's subordination under fundamentalist regimes may have initially served as a dubious justification for military and other interventions, but the involvement of women in terrorist activism now risks reinforcing an even more dangerous “clash of civilizations” thinking. One effect is to undermine the demands for greater gender equality in Western democracies as well as indirectly support the war on women political agenda domestically.     

Northern Ireland Dimensions to the First Decade of the United Kingdom Supreme Court

This article focuses on the relationship between the United Kingdom Supreme Court and Northern Ireland over the course of a constitutionally significant period of time, namely the first decade of the Court's existence. It does this by exploring what difference the Court has made to the law of Northern Ireland, what significance the cases from Northern Ireland have had for the law in other parts of the United Kingdom, and what part has been played in the Court's work by the sole Justice from Northern Ireland, Lord Kerr of Tonaghmore, and by the Attorney General for Northern Ireland, John Larkin QC. It concludes that the Court has established itself as an indispensable component of the legal system of Northern Ireland.     

Northern Irish legal education after Brexit

ABSTRACT

In this article we argue that the impact of Brexit on the law schools in Northern Ireland is tied to the “unique circumstances” of legal education in this part of the world. Legal education in Northern Ireland is likely to develop to become even more distinctive than that in other parts of the UK. Although there are two distinct jurisdictions on the island, they are deeply entangled by shared history and geographical proximity that make cross-border practice a daily reality. These circumstances seem likely to drive the trajectory of the development of legal education in Northern Ireland. Indeed, EU law is likely to remain a component of the Northern Irish qualifying law degree. The potential for the development of law specific to Northern Ireland under backstop arrangements is another significant driver for the future orientation of legal education in this jurisdiction. Legal education in Northern Ireland is, therefore, likely to become noticeably more “European” than that in other parts of the UK.     

Child protection as surveillance of African American families

The over-representation of black children in US out of home care results from racial bias in placement decisions and a political choice to address startling rates of child poverty by investigating parents instead of tackling poverty's societal roots. The impact of state disruption and supervision of African American families is intensified when it is concentrated in inner-city neighbourhoods – the system's ‘racial geography.’ A small case study of a black neighbourhood in Chicago with high rates of out of home placement found profound effects on both family and community social relationships, as well as reliance on child protective services for financial assistance, linking surveillance of black families to the neoliberal shrinking of public programmes. The surveillance of African American women by the child welfare system is also intensified by these women's disproportionate involvement in the prison system. Acknowledging racial bias in child welfare reveals the need to radically transform the system from one that relies too much on punitive disruption of families to one that generously supports them.     

Beyond the census. Reconstructing Dutch women's labour market participation in agriculture in the Netherlands,ca. 1830–1910

Many historians have pointed out for various countries that nineteenth-century national censuses do not accurately reflect women's economic activity. This was no different for the Dutch national censuses. In this article, we argue that under-recording was especially severe in agriculture, and that this problem increased towards the end of the century. The rise in under-recording was partly due to an increased irregularity of women's work on farms, but it also reflected changing living standards and ideologies, in which work was increasingly defined as undesirable for women. In relative terms, agriculture did become less important to men and women alike because of mechanization and industrialization. Nevertheless, agriculture continued to employ many women, especially married women and daughters working on their husbands' and fathers' farms. By offering additional source material and methods for estimating women's labour force participation in agriculture on a regional level, such as relating their occupational status to their husbands', and estimating the number of days worked, we aim to offer an enhanced methodology for gauging the work of women in agriculture, which may be applied to future research.     

An Application of Convergence Theory to Women's Drinking and Driving

Abstract

Convergence theory hypothesizes that as the social roles of the sexes equalize, there will be less differentiation in the social behavior of men and women. Fatal Accident Reporting Systems (FARS) data from 1982 through 1991 were utilized to investigate the convergence hypothesis regarding drinking and driving as a possible explanation for women's increased single vehicle crash deaths. Only driver fatalities were studied: N = 125,504 (17.6% female) with a subset, N = 42,129 (15.3% female) selected by quality of blood alcohol concentration (BAC) reporting for examining alcohol use. Drinking and driving for both sexes has decreased over the ten-year period. Convergence in drinking and driving behavior is not a viable explanation of women's increased traffic deaths. Women now are as likely as men to have a driver's license and women have also increased their annual mileage. Increased exposure to traffic death may provide a better explanation of women's increasing fatalities.     

Gender composition and household labour strategies in pre-Famine Ireland

This paper examines the relationship between gender composition and rural household strategies in Cavan, a county in north-central Ireland, during the first half of the 19th century. I show that the ratio of adult females to males was highest in small farm households that depended for their survival on intensively deployed family labour in agriculture, flax-cultivation and spinning. By contrast, households without land or with micro-holdings relied on the income from men's employment as agricultural labourers, supplemented by women's work as spinners. More substantial landholders employed men as agricultural labourers. In both of the latter categories household labour strategies centred on men's activities, with women's work representing an important supplement, whereas in the small-farm category household labour strategies centred on a strategic balance between men's and women's labour input. Amongst households engaged in linen weaving the ratio of women to men was lower across all landholding categories. Differences in gender composition resulted from a complex interplay amongst household labour and inheritance strategies in a changing socio-economic environment.     

Early European population statistics and censuses

This paper examines the relationship between gender composition and rural household strategies in Cavan, a county in north-central Ireland, during the first half of the 19th century. I show that the ratio of adult females to males was highest in small farm households that depended for their survival on intensively deployed family labour in agriculture, flax-cultivation and spinning. By contrast, households without land or with micro-holdings relied on the income from men's employment as agricultural labourers, supplemented by women's work as spinners. More substantial landholders employed men as agricultural labourers. In both of the latter categories household labour strategies centred on men's activities, with women's work representing an important supplement, whereas in the small-farm category household labour strategies centred on a strategic balance between men's and women's labour input. Amongst households engaged in linen weaving the ratio of women to men was lower across all landholding categories. Differences in gender composition resulted from a complex interplay amongst household labour and inheritance strategies in a changing socio-economic environment.     

The Global Adoption of National Policies Protecting Children from Violent Discipline in Schools and Homes, 1950–2011

With a focus on the relationship between women's and children's rights and theories of globalization, we conduct an event history analysis of more than 150 countries between 1950 and 2011 to assess the factors associated with policies banning corporal punishment in schools and homes. Our research reveals that formal condemnation of corporal punishment in schools is becoming a global norm; policies banning corporal punishment in the home, in contrast, are being adopted more slowly. We find that the percentage of women in parliament is associated with the adoption of anti‐corporal punishment policies in both schools and homes, suggesting a nexus between women's and children's issues. Countries with more ethnic diversity are slower to adopt home policies, however. We propose that minority groups in these countries may be resistant to laws because of the risk of selective or prejudicial enforcement. In terms of globalization, more aid is associated with both school and home policies, and countries that have ratified the Convention on the Rights of the Child are more likely to adopt home policies. Surprisingly, international nongovernmental organizations are not significantly associated with either type of policy adoption.     

Feminized justice: The impact of women decision makers in the lower courts in Australia

We examine the impact of an Australian state government's decision to appoint a considerable number of women to its previously all-male Magistrates' Courts. Interviews with a sample of 30 male and female magnistrates revealed ready acceptance of this major change, probably because of organizational peculiarities of the jurisdiction. The advent of women as judicial decision makers was perceived to have improved the work environment of the courts. Comparison of the ways in which male and female magistrates perceive aspects of their job (e.g., judicial role, adjudication, sentencing, and the conduct of informal proceedings) suggests that most of the apparent gender differences are more likely the product of age and background than evidence of justice “in a different voice.” Changes in court ideology suggest that the appointment of women may have been used to further more general political objectives. A critical question for feminist research might be: When and why do conservative institutions adopt strategies that apparently promote women's interests?