Exploring the boundaries of law, gender and social reform

Conclusion Both dowry and domestic violence are manifestations of the socially subordinate position of women in India, in particular of women in relation to and within the institution of marriage. Studies reveal how the socio economic changes ushered in by modernisation have interacted with traditional norms to sustain these practices and through them, the subordination of women. The women’s movement began addressing these social problems through law, and has through the years continued to critique the law for its failure to deliver. The critiques and debates arising from this concern have periodically generated recommendations for law reform, higher sentencing, widening the net of criminalisation, creation of special women’s police stations and courts in addition to strategies for raising gender awareness amongst the judiciary and the police. This article attempts to suggest that the shortcomings of the decades of women’s engagement with the law is not merely because of flaws and gender bias within the law, but more importantly, because of the expectations from the law and the centrality placed on its role in social transformation. The author is a lawyer and researcher based in New Delhi. She is presently Steering Committee member of the Asia Pacific Forum on Women, Law and Development, a regional organisation.     

Chrystal Macmillan,Scottish campaigner for women’s equality through law reform

ABSTRACT

This article will explore the work of Chrystal Macmillan, who used her knowledge of the law to further the cause of women’s equality through her committee work with several voluntary organisations, and her presentations to the British Government, the League of Nations, and the International Labour Office. Using archival material, both from committee minutes and family anecdotes, we will show the substantial amount of voluntary work undertaken by Chrystal Macmillan both before and after she became a practising lawyer in 1924. The article will also try to capture something of the woman’s character through the comments of her friends and colleagues.     

Rape Myths and Gender Stereotypes in Croatian Rape Laws and Judicial Practice

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in force at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality.     

Feminism on the frontier: the history of abortion law reform in 1973 in the Northern Territory,Australia

In 1973, the Northern Territory (NT) criminal law relating to abortion was reformed. The NT was one of only two Australian jurisdictions where the 1970s liberalisation of abortion was enabled by legislative reform. Unlike the 1969 South Australian reform, the NT bill was sponsored by a female, and feminist, parliamentarian, Dawn Lawrie, assisted by a small group of supporters. This article recovers the narrative of this pioneering reform achieved in a place dominated by white men. It argues that this achievement was enabled by the NT’s individualistic culture, its history of white women’s activism and the mood for progressive change in 1970s Australia. It contextualises the reform by keeping the position of Indigenous women, including the public opposition of some to abortion reform, clearly in view, thus keeping race at the centre of the analysis of liberal feminist reforms and of white feminism in the NT in the early 1970s.     

Falling Rape Conviction Rates: (Some) Feminist Aims and Measures for Rape Law

Rape conviction rates have fallen to all-time lows in recent years, prompting governments to explore a range of strategies to improve them. This paper argues that, while the current legal impunity for rape cannot be condoned, increasing conviction rates is not in itself a valid objective of law reform. The paper problematises the measure of rape law that conviction rates provide by developing an account of (some) feminist aims for rape law reform. Three feminist aims and associated measures are explained—all of which look beyond conviction rates to qualitative and victim-centred outcomes of criminal justice processes. Applying these measures, I argue that strategies designed solely to increase conviction rates are more likely to work against, rather than in support of, feminist aims. The paper thus underscores the need for continued feminist engagement with rape law reform, broadly conceived, notwithstanding its acute limitations for feminist anti-violence politics.     

Family law,family law politics and family politics

The analysis of state institutions where the state is geared towards the patriarchal family shows that it aims—in the case of the Federal Republic of Germany, at least—at abandoning women to a civic freedom where they lack protection and real rights. Women are ‘emancipated’ in the true sense of the word by the liberalisation of divorce laws, which is accompanied by drastically reducing maintenance claims of divorced women.This development which—at first glance—seems to be in men's interests only, at the same time assists in the development of conditions where women, historically placed in the position of object, can gain the position of subject and lead a fight for equal changes in a society that guarantees to them (though only on paper) legal equality. These conditions will make women fight to gain effective equality.Every effort is made through family politics and the application of patriarchal family ideology to force women to retire rather than fight. However, all these legal and ideological efforts will finally be in vain, because a family ideology that pretends protection and security, while the law systematically cuts down this protection, cannot be sufficiently strong to fool the female half of the population.     

The agrarian reform

Around 1860–80 all the central areas of rural women's work in Denmark – spinning, weaving and baking – were gradually taken over by the growing industry in the towns. During the 1880s, also, women's dairy work became a field of male labour in the newly‐established cooperative dairies around the country. The sale of dairy products has played a great role in Danish agriculture and in the national economy from the 1860s until today. The article throws light on the place of women in dairy production until the 1880s and examines the factors which determined their being pressed out of this sort of work. Finally the problems and consequences with which women (and men) were faced when the transition to cooperatives dairies gave rise to an entirely new pattern of work and sex roles are examined.     

制度法治与观念法治——论法治的结构及其意义

法治的结构问题主要研究法治及其组成部分的内在关系和表现形式.在内容上,法治结构依次表现为治理方式、制度形态、秩序状态和价值理念4个部分.在层次上,可以分为制度法治和观念法治两大部分.     

Game of Thrones,Rape Culture and Feminist Fandom

Throughout its run, HBO's adaptation of George RR Martin's A Song of Ice and Fire book series, retitled Game of Thrones (GoT), has attracted controversy for its depiction of nudity and graphic sex and violence. But a particular recent scene, in which a brother rapes his sister, caused outrage in media and fan commentary. This article considers the scene in question, and feminist responses to it, in the context of wider cultural debates about rape culture and the media representation of sexual violence. Following Sarah Projansky's argument that rape is a ‘particularly versatile narrative element’ that ‘often addresses any number of social themes and issues’, I read GoT and its online fan responses alongside literary theories of the fantastic, to examine how dominant rape culture discourses are both reproduced and challenged in fan communities. In particular I argue that fan narratives both reproduce discourses of masculinity and futurity that contribute to rape culture, but also provide a potential space for change through speaking out about silenced experiences of trauma.     

民法和经济法的经济学比较分析

在经济法律框架内 ,对民法和经济法进行比较分析 ,为我们正确认识两个部门法之间的关系提供了理论依据 ,对经济立法工作也提供了方法论的支持。     

论法律解释目的

在法律解释活动中,探求法律解释目的的通常有主观说和客观说两种方式,前者在于探求立法者制定法律时的意图,后者在于探求一个内在于法律的意旨,但是这两种解释方法都不周延,无法完整阐释法律解释目的。而从立法者、法律文本、法律解释者3方做整合性阐释时,既能追寻历史意义,又考量了现实文本,照顾到客观因素,所以整合性阐释融合主观说和客观说的合理性,开辟了新的解释路径。     

知识经济与图书馆变革

知识经济时代,图书馆传统的以原始文献为主的服务方式受到巨大冲击,图书馆不再是静态的文献存贮地,利用本身的资源优势有效地为社会提供信息服务已成为图书馆的首要职能和根本任务。