Women in a changing economy: the misleading tale of participation rates in a historical perspective

In this article I focus on women's advancement in the Swedish labour market during more than a century. By applying a long-term perspective I give the historical background to what is commonly seen as a success story. By reassessing census and labour force survey data I show that participation rates may tell a misleading tale not only for the past but also for the present. In a long-term perspective, Sweden does not stand out as a country with high female labour force participation rates. It was not until the mid-1960s that market work came to play a larger part of women's life, since young women worked until they had children and older married women returned to the labour force after having raised a family. During the late 1960s and the 1970s, women with children under the age of seven became an integrated part of the labour force. It seemed as if welfare reforms supported women's market work in an unprecedented way; gender differences in labour force participation decreased and became very small. A reassessment of labour force participation rates together with alternative measures of market work such as at-work and market-hours rates show that similarly to how they underestimate women's market work and contributions to production during the early decades of the twentieth century, they overestimate women's market work at the end of the century, neglecting the extent to which reproductive responsibilities still interfere with women's paid work through absence and part-time work.     

Rita James Simon

Abstract

From her early days in Brooklyn, New York to her overflowing office at American University in Washington, DC, this paper traces the remarkable life of Professor Rita J. Simon. Rita Simon is considered one of the most accomplished, prolific, and respected sociologists today. She has authored twenty-six books, edited fourteen, and written over 230 articles on topics such as the jury system, immigration, public opinion, transracial adoption, and women and crime. Her scholarly contributions to the subject of women and crime have aided in our understanding of female criminal behavior, the types of crimes women commit, and the punishments they receive. Further, as the President of the Women's Freedom Network, she has worked toward celebrating and highlighting the achievements of women, but has steadfastly maintained that women do not need special protections or different standards of excellences philosophy that personifies Rita's life. In this biographical essay, the author outlines the early years, academic career, professional activities and recognitions, and offers a personal look into the life of Rita James Simon. It is based on interviews with her children, as well as the author's experience with Rita as her professor, mentor, co-author, and friend.     

Empirical assessment of the escabinato jury system

Abstract

There are two practical applications of the jury system: the jury of lay people and the escabinato jury involving joint decision making by legal experts and lay people. Research undertaken in this field has been almost exclusively centered on the former. This work consists of an empirical study of the role of legal suggest that the loss of a jury of peers implies the dominance of the judge's opinion. The causes and consequences of this domination have been assessed.     

Women's Rights Issues Among Bombay Parsis: A Legal Anthropologist's Thoughts on Mitra Sharafi's Law and Identity in Colonial South Asia

I focus in this essay on legal issues related to women's rights in the British colonial period that are discussed in Mitra Sharafi's 2014 book, Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947. Beginning in the early nineteenth century, the Parsi leadership actively lobbied for laws related to intestate inheritance, women's property rights, divorce, and child marriage that were consistent with their community's customary values and practices. During the same period, legal reform movements were also underway on behalf of Hindu and Muslim women and, to a lesser extent, Christian women. This essay highlights some of the common themes in those movements and discusses, in particular, the similarities and differences in what was achieved for Parsi women and their Hindu sisters, as they and their respective male leaders traversed the road toward greater gender equality under the law.     

Women's Defences

ABSTRACT

This paper examines theoretical and practical problems surrounding the use of women's defences such as Battered Woman's Syndrome, Premenstrual Syndrome and Postpartum Depression. A framework for deconstructing women's defences which exposes power relationships preserved by legal discourse is offered. The central argument presented is that a contextual examination which links practice to theory reveals that women's defences are not necessarily harmful to women, but that specific feminist strategies must be developed to ensure that such defences do not replicate existing power-knowledge dynamics within legal discourse.     

Representation through Participation: A Multilevel Analysis of Jury Deliberations

Fully participatory jury deliberations figure prominently in the idealized view of the American jury system, where balanced participation among diverse jurors leads to more accurate fact‐finding and instills public confidence in the legal system. However, research more than 50 years ago indicated that jury‐room interactions are shaped by social status, with upper‐class men participating more than their lower‐class and female counterparts. The effects of social status on juror participation have been examined only sporadically since then, and rarely with actual jurors. We utilize data from 2,189 criminal jurors serving on 302 juries in four jurisdictions to consider whether—and in what conditions—participation in jury deliberations differs across social groups. Our results indicate the continuing importance of social status in structuring jury‐room interactions, but also reveal some surprising patterns with respect to race and gender that depart from earlier research. We also find that contextual factors including location, case characteristics, and faction size shape the relationship between social status and participation. We conclude with a critical discussion of our results and urge other researchers to take into account contextual factors when examining how individual juror characteristics shape what happens inside the jury room.     

The Jury as a Translation of Democratic Participation and Political Conflict

In this response to Valerie Hans's Presidential address, I use her “legal translating” term to argue that the implementation of liberal democratic structures in new democracies opens new opportunities to translate the jury system into and onto new democratic societies. While policy makers have concerns about the strength and vibrancy of lay participation in the legal system, policy makers' decisions to adopt trial by jury are not always democratic. Nonetheless, the consequence of the translation of trial by jury furthers democratic development. Using Nicaragua, Mexico, and Russia as case studies, I suggest that one goal of policy makers who attempt to adopt trial by jury is to reduce the discretionary power of judges who remain from the prior government. Comparative trial‐by‐jury research can contribute more to our understanding of democratic development than prior research has indicated.     

Transplanting Jury Trials in South Korean Legal Soils: Comparative Analysis with Jury Trials in the United States

Jury trials, known as common-law institution centering on the UK and the USA, for the first time in Korean adjudicatory history, have been transplanted into Korean legal soils under cultural and political climate with legal roots of the “Civil Participation in Criminal Trial Act (CPCTA) of 2007” since 2008. This research examines legal and operational issues of jury trials through comparative analysis between the United States and South Korea. Several legal characteristics of 2013 revision bill of CPCTA, proposed by the Committee of Civil Participation in the Judiciary (CCPJ), are to be pointed out: so-called “civil participation” approach, de facto binding power of jury verdict and sentencing, and a stricter standard for a jury verdict or decision (3/4 majority). Statistical results from planting jury trials in both American and Korean legal system proved to be very similar. Meanwhile, a 2013 revision bill has to overcome several practical and legal obstacles, such as low usage of jury trials, the high rate of judicial dismissal of defendants’ petitions, and violation of Article 27 of the Korean Constitution. Under the current legislative scheme, judges in Korean courts need to operate jury trials in such a careful and respectful way that the revision may neglect neither a defendant’s right to jury trial nor jury’s verdict. Legal scholars, experts, and legislators with interests in implementing jury trials in Korea should research on ways to expand the system to other judicial procedures such as juvenile, civil, family, and administrative cases.     

Slave Women,Resistance and Criminality:

The system of slavery, a reflection of a patriarchal and racist social order, legitimatized and facilitated not only the economic and racist oppression but the sexual exploitation of black slave women. An extensive review of the literature on slavery was used to address how slave women accommodated and resisted these multiple forms of oppression. The findings presented here indicate that as blacks, both sexes experienced the harsh and inhumane consequences of racism and economic exploitation. In response to their exploitation, there was a significant convergence in male and female involvement in such forms of "criminal" resistance, such as murder, assault, theft and arson. These actions were employed to improve the slaves' lot in life and to express opposition to the slave system. "Criminal" resistance therefore set the stage for black women's participation in the criminal activities characteristic of today. Findings also suggest that in response to sexual exploitation, gender specific forms of accommodation-eg., acting as breeders and sex workers-were utilized in order to make slave women's lives bearable. The article concludes that the various forms of accommodation served as a preface to black women's vulnerability to sex-oriented crimes within the context of the twentieth century American society.     

UP IT UP: GENDER AND THE ACCOMPLISHMENT OF STREET ROBBERY*

Attempts to understand women's participation in violence have been plagued by a tendency either to overemphasize gender differences or to downplay the significance of gender. The goal of this research is to reconcile these approaches through an examination of the experiences of female and male street robbers in an urban setting. Based on in-depth interviews with active offenders, the study compares women's and men's accounts of why they commit robbery, as well as how gender organizes the commission of the crime. The research suggests that while women and men articulate similar motives for robbery, their enactment of the crime is strikingly different—a reflection, in part, of practical choices women make in the context of a gender-stratified street setting.     

An Evaluation of Teen Court as a Juvenile Crime Diversion Program

Theories of procedural justice support the American legal system's search for a fair and effective means of diverting offenders from the juvenile court system. Teen Court programs, in which juvenile offenders are tried and sentenced by a jury of peers, are one of the latest developments in attempts to positively influence offenders and direct them free of crime. The present research found that participation in Teen Court increased offenders' legal knowledge and enhanced their attitudes toward some authority figures (i.e., the judge) and themselves to a greater extent than non‐offending juveniles. In addition, only 12.6 percent of juvenile offenders re‐offended within five months of their initial Teen Court involvement. Improved attitudes toward authority and self were associated with a lower incidence of recidivism. Overall, these results contribute to the growing literature indicating that Teen Court can be an effective juvenile crime diversion program. This article also discusses methodological issues for future program evaluations.     

A Feminist Critique of Self-Defense and Provocation in Battered Women's Cases in England and Wales

This paper critically examines the law of self-defense and provocation in cases where battered women kill their partners. It is argued that neither self-defense nor provocation adequately recognizes the situation most battered women find themselves in, and the present criteria for both defenses reflects this inadequacy. Legal advocates and supporters of battered women who kill have thus sought to find alternative strategies for battered women's defense cases. One of these has been the introduction of expert evidence on the battered woman syndrome. This paper will consider the implications of introducing the battered woman syndrome into the English legal system.     

Women and the dynamics of marriage,household status,and aging in victorian canada and the united states

This article compares the life course transitions and household statuses of Canadian and American women and men in late nineteenth-century Canada and the United States. Using a set of integrated census data from 1871 Canada and the United States in 1880, the article suggests that household status differences between the two nations centered on gender. Canadian and American men timed or experienced their own transitions into and out of marriage and household headship at similar ages and to a similar extent. Demographic and economic differences between Victorian Canada and the United States, however, produced distinctions in Canadian and American women's life course transitions and household status: for Canadian women, older ages at first marriage, and the prolongation of the duration of the status, spouse of the household head. For their part, American elderly women more frequently lived as single and widowed heads of households than did their Canadian counterparts.     

“The times have changed,the dope has changed”: Women's cooking roles and gender performances in shake methamphetamine markets*

Drug markets are typically portrayed as male dominated, with men occupying the higher positions and women fulfilling the lower positions. Yet, the results of recent work highlight how women's participation and experiences in drug economies varies by the structure and organization of the specific market. We focus on the shake‐and‐bake (“shake”) methamphetamine (meth) market, which seems to have emerged mainly in response to legal attempts to curtail methamphetamine production. We explore how women adapt to structural changes and how they perform gender to navigate a market in which the focus is on personal consumption instead of on monetary gain. By relying on semistructured interviews with 40 women who cooked meth, we identify the gendered strategies they adopt and how these coincide with their position in the drug market. Cooking roles took three forms (partner, lead, and team), and each role was characterized by distinct patterns of gender performance and autonomy (emphasized femininity, matriarchal control, and gender neutral). We show that certain market conditions allow for increased participation among women in meth manufacturing. Yet, even within favorable conditions, variability remains in women's positions and gender performances. The findings highlight the role of organizational and legal context in shaping both the roles women adopt in drug markets and the ways they perform gender.     

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.     

Predicting verdicts,adherence to judge's instructions,and assumptions about the disposition of the defendant in a case involving the insanity defense

Abstract

296 college students and jury eligible adults completed attitudinal measures and read a case summary of a murder trial involving the insanity defense. The case summary included opening and closing arguments, testimony from expert witnesses, and judge's instructions. Although broader legal attitudes (the PJAQ) predicted verdicts, the Insanity Defense Attitudes-Revised scale provided incremental predictive validity. Attitudes related to the insanity defense also predicted adherence to judge's instructions, whereas more general legal biases predicted a juror's willingness to change their verdict after being provided with accurate information about the defendant's disposition following the verdict. Importantly, misconceptions concerning the insanity defense impacted verdicts and many jurors made decisions that failed to adhere to the judge's instructions, though the nullification tendency does appear to vary as a function of pretrial juror attitudes. Implications for instructing jurors in insanity defense cases will be discussed.     

When women disappear from the labour market: occupational status of Dutch women at marriage in a modernizing society, 1865–1922

Between 1865 and 1922 the labour force participation of women at marriage dropped considerably in the Netherlands. At the same time, girls' educational participation increased and egalitarian gender values started to spread. We expect these developments to have affected the occupational status of those women who stayed in the labour market. Using a large dataset of Dutch marriages and municipal-level information on female labour force participation, educational participation, and an indicator of gender values, we show that women's status dropped until around 1885 and then started to rise. The retreat of women from the labour market coincided with a decline in the status of the women who remained, whereas, especially after 1900, the increasing educational participation of girls and the dissemination of egalitarian gender values counteracted this trend by causing women's status to rise.     

A woman's place is in the home: Females and residential burglary

Little is known about the nature of women's participation in residential burglary, an offense statistically dominated by males. This paper examines women's involvement in residential burglary by comparing the characteristics of female burglars to those of their male counterparts and by outlining a typology of female burglars which emphasizes their roles during offenses. In some respects, female and male burglars do not appear to differ significantly. Nevertheless, the results suggest that important differences also may exist. Most important, the findings demonstrate that women's involvement in residential burglary, like men's, is marked by diversity. The theoretical implications of these findings are discussed.     

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.     

“What He Did Was Lawful”: Divorce Litigation and Gender Inequality in China

Sociolegal research has shed considerable light on gender inequality in the civil justice system. Existing research, however, rarely looks beyond court proceedings to examine gender inequality stemming from the prior stages in civil litigation. This article fills the gap by addressing the question of whether and how the early moments in disputing produce inequality between women and men. Based on a mixed‐methods study of divorce litigation in China, I identify two critical moments in the early stages in disputing: the initiation stage and the suit‐filing stage. Findings from the two stages indicate that, early on in disputing, the legal profession routinely dismisses and violates women's rights in marriage and family. Moreover, due to the legal profession's failure to convert important rights on the books into formal claims, women's marital grievances and rights claims fall through cracks long before they can enter court proceedings. These findings suggest that gender inequality can result not only from judicial decision making, but also from dispute processing conducted prior to—and outside of—court proceedings.