Non-Voluntary Return? The Politics of Return to Afghanistan

The forced removal of 35 Afghan nationals from the UK in April 2003 calls into question the viability of the government's voluntary repatriation schemes and undermines the voluntary nature of return programmes. This article draws on the results of research conducted in 2002 to explore the views of the Afghan community about return. We evaluate three motivations for promoting return programmes: justice-based arguments, where return is the 'end of the refugee cycle'; human capital explanations, which focus on individual decisions to reverse the effects of brain-drain; and burden-relieving explanations, where return is an alternative to repatriation. Our findings suggest that domestic interest based arguments, rather than those founded on the protection of human rights, are driving the policy-making agenda. Returns are portrayed as a means of relieving the burden on welfare services, and placating an increasingly anti-immigrant public opinion. As well as individuals forcibly removed from Britain, other Afghans are being urged to return by means of financial inducements, and sometimes under the threat of repatriation. In this context, we can discern a new category of 'non-voluntary' returns where individual choice has little real meaning.     

The experience of civil partnership dissolution: not ‘just like divorce’

Between 2012 and 2014 I interviewed some of the earliest civil partners to dissolve their partnerships about their experience of dissolution. When I presented my findings, most family lawyers responded that dissolution was ‘pretty much like divorce’. And so it was, in many respects; but I thought that such comments missed an important difference. This article focuses on the legal understandings of gays and lesbians who have undergone dissolution of their civil partnerships, and on their experiences of it. This seemed to me significant for three reasons. First, the experiences of lesbians and gay men have historically been marginalised, pathologised or absent from legal accounts and the dominant legal consciousness. In this research they would be put centre-stage. Second, the institution of civil partnership – transient though it may turn out to be – deserves study as the point of entry into legal recognition and regulation of same-sex couples’ relationships in the UK. And, third, it is this precise history that makes it different from marriage, and dissolution different from divorce, whatever the similarities in legal treatment.     

‘Everybody Did It’—or Did They?: The Use of Oral History in Researching Women’s Experiences of Smoking in Britain, 1930–1970

From having been predominantly a masculine habit in the late nineteenth and early twentieth centuries, cigarette smoking was adopted by flappers and film stars in the 1920s and 30s, symbolising new types of femininity. However, it was not until the economic and social dislocation of the Second World War that substantial numbers of women began to smoke cigarettes. This article draws on oral history material to explore the reasons why women took up smoking during and following the Second World War. It suggests that smoking among women became more acceptable in a wider range of circumstances following the War, reflecting the adaptability of the cigarette and its role in negotiating an increasingly diverse range of femininities. The article examines the impact of current anti‐smoking discourse on smoking narratives, as interviewees set up opposing discourses of social acceptance in their youth and awareness of the health risks today.     

Pre-verdict Judicial Fact-finding in Criminal Trials with Juries

In criminal trials with a jury, judges have many opportunitiesto engage in adjudicative fact-finding before the jury retires.English law has no conceptual framework for examining this judicialfact-finding which encompasses two categories of collateralfact (preliminary and underlying fact) and foreign law. A thirdcategory of collateral fact (conditional fact) is decided bythe jury. The article examines the nature of judicial fact-findingand the history and rationale for this allocation of fact-findingresponsibility between judge and jury.     

Women in the shadow war: gender,class and MI5 in the Second World War

During the Second World War, the women employed in Britain’s secret Security Service (MI5) far outnumbered their male colleagues, with a ratio of twelve women for every five men. Their numbers grew rapidly over the course of the war and by 1941 stood at over 800. Despite the vast influx of female labour into the agency, attitudes towards the role of women in intelligence, be it as wartime workers or as secret agents, demonstrated remarkable continuity with those of the interwar period. Women were near universally restricted to subordinate roles; typically of clerical and secretarial nature in the case of office staff. Similarly, internal attitudes regarding those traits which produced the best agents and intelligence officers, shaped by wider understandings of both masculinity and social status, demonstrated considerable resilience. Drawing upon declassified official records, this article argues that MI5’s wartime experiences did little to alter the agency’s attitudes to gender.     

Rationalizing pay inequity: women engineers,pervasive patriarchy and the neoliberal chimera

This article argues that neoliberalism with its pervasive patriarchy and co-option of feminism, renders women tacitly complicit in gendered pay inequalities. We show that in New Zealand, one of the world’s most neoliberal nations, women who might precisely be best equipped to argue for equal pay – engineers – do not do so because neoliberalism makes many feel responsible for, and accepting of, their lower salaries. In interviews and focus groups, many women engineers talk of deserving less pay than men because of their ‘choices’, their ‘personality’ and their lack of ‘responsibility’. In a disempowering environment, some women show agency by disavowing gender as a reason for the pay gap. Such narratives of individualized shortcomings reduce hope of collective action that might uncover and dismantle the systemic causes of pay inequity, which are not due to a woman’s choice or personality but rather what we frame as the neoliberal chimera.     

The Power of Feminist Judgments?

Recent years have seen the advent of two feminist judgment-writing projects, the Women??s Court of Canada, and the Feminist Judgments Project in England. This article analyses these projects in light of Carol Smart??s feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989). At the same time, it reflects on Smart??s arguments 20?years after their first publication and considers the extent to which feminist judgment-writing projects may reinforce or trouble her conclusions. It argues that both of these results are discernible??that while some of Smart??s contentions have proved to be unsustainable, others remain salient and have both inspired and hold important cautions for feminist judgment-writing projects.     

When a Career Public Servant Sues the Agency He Loves: Claude Ferguson, the Forest Service, and Off-Road Vehicles in the Hoosier National Forest

Claude Ferguson, who in his own words “met the test of his lifetime,” deviated from the norms of the U.S. Forest Service articulated by Herbert Kaufman in The Forest Ranger to became a government guerrilla against the organization he loved. This profile highlights several enduring themes: the inherent tensions between democracy and bureaucracy, the many masters of career bureaucrats, how organizational culture can both empower and constrain employees, and what it means to act responsibly, ethically, and with integrity as a public servant. In addition, this case demonstrates how the Forest Service has evolved since Kaufman's classic study. First, Kaufman depicted forest rangers as “valuing the organization more than they value[d] getting their own way,” yet this profile underscores that public servants do not check their worldviews, mores, or ethics at the door. Second, Kaufman described the Forest Service's efforts to routinize the decisions of its employees in an effort to prevent allegiances to, or co‐optation by, local populations. Yet in this Administrative Profile, Ferguson's hidden strategic tactics co‐opted local stakeholders to enlist their support for a cause he deeply felt was right and just.     

Louise Bourgeois,ageing, and maternal bodies

This article explores late works by contemporary artist Louise Bourgeois that illuminate current concerns about ageing maternal bodies and the ambivalent responses of fear and loathing that they provoke. In 2003, Louise Bourgeois made an installation for the Freud Museum in Vienna entitled The Reticent Child, on the subject of her own earlier pregnancy and birth of her son, one of several works featuring maternity and fertility which Bourgeois has created in old age. In Nature Study 2007, made at the age of 96 years, she depicts carnal couples and pregnant and birthing figures embodied in brilliant pinks and scarlet reds. Bourgeois represents women as the powerful agents of the maternal function, marking a return to motherhood as a central topic of her earlier work. Edward Said posited sources of cultural meaning as ‘the whole notion of beginning, the moment of birth and origin … reproductive generation, maturity’, and ‘the last great problematic … the last and late period of life, the decay of the body’ (Said, 2006: 4–6). What does it mean for Bourgeois to return to the theme of birth in her nineties and how does it resonate with contemporary anxieties about the ageing maternal body? If the space of the gallery is a safe arena for a woman artist to present sexuality and maternity in old age, how are older women who break codes of fertility represented elsewhere? In a culture which is hostile to the conjunction of ageing women with motherhood, I shall argue that Bourgeois’ late maternal works can help to undo the taboo on older mothers.