Law’s Vulnerability,and Vulnerability in Law

Vulnerability acts as a touchstone in this issue as we find our contributors reflecting on its intersection with gender and sexuality in different ways. Saeidzadeh draws out the significance of misrecognition in her consideration of responses to transsexuality in Iran, while Doonan highlights the potential pitfalls of relying on situational vulnerability in her critique of anti-trafficking legal discourse in the US. Lindsey considers the legal potential of situational vulnerability as a tool to address the ‘persistent failure to take action against abuse’ in the UK. Durojaye and Oluduro contribute to the recent revitalisation in asking ‘the woman question’ by drawing on African law and literature to flesh out the development of a gender-sensitive, substantive equality approach from the jurisprudence of the African Commission on Human and Peoples’ Rights as it addresses vulnerability to violence. The reviewers continue this international conversation as they address recent contributions on sexuality, family formation and social security.     

Neighbourly Injuries: Proximity in Tort Law and Virginia Woolf’s Theory of Suffering

2012 marks the 80th anniversary of Donoghue v Stevenson, a case that is frequently cited as the starting-point for a genealogy of negligence. This genealogy starts with the figure of the neighbour, from which, as Jane Stapleton eloquently describes, a ??golden thread?? of vulnerability runs into the present (Stapleton 2004, 135). This essay examines the harms made visible and invisible through the neighbour figure, and compares the law??s framework to Virginia Woolf??s subtle re-imagining and theorisation of responsibility in her novel Mrs. Dalloway (1925). I argue that Woolf critiques and supplements the law??s representations of suffering. Woolf was interested in interpreting harms using a framework of neighbourly responsibility, but was also critical of the kinds of proximities recognised by society. Woolf made new harms visible within a framework of proximity: in this way, we might think of Woolf??s work as theorizing a feminist aesthetic of justice, and as providing an alternate genealogy of responsibility to Donoghue v Stevenson.     

Individual Motivation and Parental Influence on Adolescents’ Experiences of Interest in Free Time: A Longitudinal Examination

Time spent in freely chosen leisure activities offers a distinct developmental context that can support positive youth development; however this potential for growth depends in part on adolescent interest and engagement in their free time activities. Research indicates that many adolescents report experiencing boredom, instead of interest, in their free time. This study utilized longitudinal data from 354 rural middle school students to investigate how parenting practices and adolescent motivational styles influence adolescents’ experience of interest in their free time. Findings indicated that adolescent self-regulated motivation and parental knowledge related to the free time context were positively associated with experiences of interest, while adolescent amotivation and parental control were negatively associated with interest in free time. The effect of parental knowledge and parental control on adolescents’ experiences of interest was mediated by adolescent motivational styles. These results were similar across grade level and gender. Implications for interventions promoting positive youth development are discussed.

Harriet Clisby’s ‘Sketches of Australia’: travel writing and colonial refigurations in Boston’s Woman’s Journal

During the late nineteenth century, the British-born Australian physician Harriet Clisby became involved in the vibrant social reform circles of Boston, Massachusetts. Her ‘Sketches of Australia’, a journalistic series of travel writings, were published in the reform-oriented Woman’s Journal in 1873. This series provides insight into the discursive construction of Australian colonial society in a transnational context. Thematically, the ‘Sketches’ explored questions of geography, culture, class, labor, ethnicity, race, and gender, often embracing popular scientific discourses about race and universalist visions of women’s rights. While such perspectives were common among Anglophone social reformers of the era, Clisby also portrayed Australia as a multiracial nation of immigrants rather than as a collection of white settler colonies. By making colonial Australia accessible for a specifically American readership, the ‘Sketches’ also established a sense of a budding international relationship between Australia and the United States prior to the twentieth century.     

Law’s Gendered Subtext: The Gender Order of Restaurant Work and Making Sexual Harassment Normal

Analysing sexual harassment law in British Columbia, this paper argues that in highly sexualised work environments, in which practices including sexual ‘jokes’ or innuendo may be common, law embodies and (re)creates the gendered subtext of the workplace. When a complaint of sexual harassment from a sexualised workplace is raised in a legal forum, a complainant has an obligation to clearly object to the sexual remarks, ‘jokes,’ banter, etc.—which may be the ‘norm’—to show the conduct in question was unwelcome. At the same time, however, a workplace may be structured, in part by law, in a way that restricts employee resistance to uncomfortable sexual experiences. This is the case, I argue, for women working in full-service restaurants when it comes to sexual interactions with customers. This paper explores how restaurant work, in the Canadian context with a focus on the province of British Columbia, is organised in a manner that makes women vulnerable to enduring sexually harassing practices as a routine part of their jobs.     

More than a Woman? Embodiment and Sexual Difference in Medical Law

This article examines law’s representation of embodied female identity in the context of two medical law cases, R. v. Human Fertilisation and Embryology Authority, ex parte Blood andB v. Croydon Health Authority. Through an examination of contemporary critiques of female embodiment, in particular the work of Judith Butler, two discursive strategies are suggested for their potential to reconfigure the sexed subject within legal discourse. Firstly, the act of transgression – the flight from purportedly fixed subject positions – can be read in the case of Bloodand calls into question law’s ability to contain and sustain sexed identity as prediscursive and immutable. Secondly, the exposure of the historical formation of the female subjects of legal discourse, demonstrated through a genealogical reading of B v. Croydon Health Authority, contributes to the feminist theoretical project to destabilise traditional gender categories and enables us to think beyond the category of ‘Woman’. This revised version was published online in July 2006 with corrections to the Cover Date.     

Battered Women’s Experiences of the Criminal Justice System: Decentring the Law

This article takes up Smart??s suggestion to examine the way the law works in practice. It explores the context of current criminal prosecutions of domestic violence offences in Queensland, Australia. This article argues that legal method is applied outside the higher courts or ??judge-oriented?? practice and that the obstacles inherent to legal method can be identified in the practices of police, lower court staff, magistrates and lawyers. This article suggests that it may be difficult to deconstruct legal method, even by focussing on law in practice, and as a result it may be difficult to successfully challenge law??s truth claims in this way. The analysis of criminal prosecutions of domestic violence offences reported here supports Smart??s earlier findings that women and children who seek redress through the criminal justice process find the process at best ambivalent and at worst, destructive. However, the article also shows how, in the Queensland context, women sometimes find their way to feminism and personal empowerment by going to law.     

‘This Spider Web of Woman's Life’: Private Space and Community Life in Peter Abelard

This essay explores such complex and ambiguous presentation of convent life in Helen Waddell's novel Peter Abelard (1933), considering Heloise's fear of women's communities as expression of concerns central to women's writing published in Britain during the 1920s and 1930s. Waddell uses Peter Abelard to intervene in these contemporary debates about private and public spaces. The dislike which her Heloise expresses for women's communities may, given the text's feminist ideology, seem surprising, but, as discussed, similar anxieties are voiced in texts by several of Waddell's contemporaries, and the novel is shaped by this tension between private, autonomous individual and shared public space. Peter Abelard is read in relation to selected journalism of Vera Brittain and Winifred Holtby (late 1920s), Virginia Woolf's A Room of One's Own (1928) and Dorothy Sayers' Gaudy Night (1935).     

Structures of feeling: contemporary research in women’s film and broadcasting history

ABSTRACT

This special issue is the second volume originating from the ‘Doing Women’s Film and Television Histories III’ international conference held at the Phoenix Cinema, Leicester, England, in May 2016. It connects with concerns and questions of women’s production histories related to the constructed nature of history and how we write a ‘history from below’ to foreground the hidden, marginalised or forgotten histories of our women ancestors. This collection captures something of the dominant ‘structures of feeling’ of women’s film and broadcasting history scholarship in the contemporary period ranging from considerations of women working in both above and below-the-line roles in film, television and radio, to those whose labour fell outside of mainstream cinema production, as in the instance of the amateur film in the UK between the 1930s and 1980. Together, these case studies span from 1926 to the contemporary period, providing particular flashpoints of women’s history across the UK, North America, Italy and Australia.     

Mothers on Trial: Discourses of Cot Death and Munchausen’s Syndrome by Proxy

This article explores some of the issues raised by Munchausens Syndrome by Proxy (MSbP) and the relationship between medicine and law, specifically the discourses which feature in the courtroom portraying motherhood and expectations of parenting. These discourses are often hidden yet play a determining role in prosecutions for alleged maltreatment of children involving medically unexplained infant death syndrome. We offer a critique of MSbP and seek to unveil the assumptions about mothers, the parent predominantly affected by the diagnosis, and mothering that underlie the association of women accused of deliberating harming their children. We suggest such insights are valuable because although the syndrome has never acquired a clear medical or legal definition, it has had repeated appearances in the literature and courtroom over the last 25 years and has more recently attracted attention from government, health care practitioners, academics and the media. We explore these issues through an examination of two recent Court of Appeal decisions in England: those of Sally Clark and Angela Cannings.