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.     

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.     

Feminist Literary Theory and the Law: Reading Cases with Naomi Schor

This article brings together feminist literary theory and law by approaching a number of U.S. Federal cases on sex equality in light of the work of the renowned feminist literary critic Naomi Schor, and shows that literary theory constitutes an under-explored resource for feminist legal critique. Schor’s writings constitute a sustained rumination on the relationship between reading and feminism. Drawing on writings on language and the body by key French feminist theorists, Schor advances a method of interpretation which she terms, provocatively, ‘clitoral reading’, and which focuses on the place of details relating to women’s bodies and desires within literary and cultural discourses. In the course of her career, she analysed texts from domains as diverse as literature, philosophy, visual art, the history of fashion, and photography. I will demonstrate that her work can make a valuable contribution to legal studies by using it as an interpretative lens to re-examine U.S. Federal court judgments.     

Feminist Reflections on the Scope of Labour Law: Domestic Work,Social Reproduction,and Jurisdiction

Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the “commodification” of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnational processes. I use the idea of social reproduction both to illustrate and to examine some of the recurring regulatory dilemmas that plague labour markets. I argue that unpaid care and domestic work performed in the household, typically by women, troubles the personal scope of labour law. I use the example of this specific type of personal service relation to illustrate my claim that the jurisdiction of labour law is historical and contingent, rather than conceptual and universal. I conclude by identifying some of the implications of redrawing the territorial and personal scope of labour law in light of feminist understandings of social reproduction.     

The National and International in Making a Feminist: the case of Alexandra Gripenberg

ABSTRACT

This article analyzes the interdependence of the national and international in Alexandra Gripenberg's (1859–1913) feminist activism in her native country Finland, as well as in her international work, particularly within the International Council of Women, and in doing so contributes to the research on transfers and networking across borders in the formation of feminist politics. The national and international were seen by Gripenberg as inseparable and both aspects were particularly intertwined in her work to encourage the establishment of national councils of the ICW in various countries. The analysis discloses how the negotiation between the national and transnational was intersected and complicated by class-related politics, exemplified by Gripenberg's ambivalence towards the introduction of universal suffrage in 1906 Finland. The article also sheds light on the difficulties in creating a shared sisterhood across borders and how nation was used as a criterion in classifying more and less advanced nations in terms of gender equality. Influenced by the prevalent manner many Western European and US feminists had of viewing themselves as superior, Gripenberg defined Protestant, Anglo-American and Scandinavian countries as models for other nations. Finally the article addresses how Gripenberg responded to occasions when her national and international loyalties conflicted and shows the importance of internationalism in coping with the distress on home ground. International feminist sisterhood offered an opportunity to enjoy life with social equals.