Beyond ‘Revenge Porn’: The Continuum of Image-Based Sexual Abuse

In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s (Surviving sexual violence. Polity Press, Cambridge, 1988) pioneering work, we suggest that ‘revenge porn’ should be understood as just one form of a range of gendered, sexualised forms of abuse which have common characteristics, forming what we are conceptualising as the ‘continuum of image-based sexual abuse’. Further, we argue that image-based sexual abuse is on a continuum with other forms of sexual violence. We suggest that this twin approach may enable a more comprehensive legislative and policy response that, in turn, will better reflect the harms to victim-survivors and lead to more appropriate and effective educative and preventative strategies.     

Class,caste and gender in collective action: Agricultural labour unions in two Indian villages

This study asks why class, caste and gender ties operated differently in the mobilisation of agricultural labourers from two villages with a regional union movement. In both villages, mobilisation involved coalition building ‐ either across class or caste boundaries. The type of coalition assembled seems to depend on past political strategies that have been in use by labourers at least since the late 1940s. The contribution of social networks as conditioned by the organisation of the male and female workforces is also investigated. Such variables are found to be more ‘explanatory’ of participation in collective struggles with the labour union than abstract class categories or structural change in the economy.     

Desperately seeking donors: the 'saviour sibling' decision in Quintavalle v Human Fertilisation and Embryology Authority (UK)

The recent House of Lords decision in Quintavalle v Human Fertilisation and Embryology Authority has raised difficult and complex issues regarding the extent to which embryo selection and reproductive technology can be used as a means of rectifying genetic disorders and treating critically ill children. This comment outlines the facts of Quintavalle and explores how the House of Lords approached the legal, ethical and policy issues that arose out of the Human Fertilisation and Embryology Authority's (UK) decision to allow reproductive and embryo technology to be used to produce a 'saviour sibling' whose tissue could be used to save the life of a critically ill child. Particular attention will be given to the implications of the decision in Quintavalle for Australian family and medical law and policy. As part of this focus, the comment explores the current Australian legislative and policy framework regarding the use of genetic and reproductive technology as a mechanism through which to assist critically ill siblings. It is argued that the present Australian framework would appear to impose significant limits on the medical uses of genetic technology and, in this context, would seem to reflect many of the principles that were articulated by the House of Lords in Quintavalle.     

Race, Caste, or Class? The Bunche–Myrdal Dispute Over An American Dilemma

Few observers doubt that Gunnar Myrdal and Ralph J. Bunche had sharp methodological disagreements and differing approaches to tactics for ending the Negro problem. Myrdal has been criticized as a statist liberal and utopian moralist by recent cultural historians defending progressive nationalism (multiculturalism), while Bunche has been characterized as a vulgar Marxist, and, with Myrdal, a denigrator of black culture. Inspection of An American Dilemma in contrast with Bunche's research memoranda suggests that Myrdal represented himself as a Burkean conservative, while Bunche's analyses transmit the radical puritan libertarian tradition, but without rejecting social democratic remedies en route to working-class control of industry. Their shared emphasis on class-based remedies to end poverty and powerlessness, however, renders them similarly unassimilable in a period where the progressive left has generally embraced racial or ethnic identity, not class power, as the source of individual emancipation, mental health, and economic betterment.     

Australian Aboriginal Property Rights as Issues of Indigenous Sovereignty and Citizenship

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co-exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co-existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about-turn from the recognition of native title to land in Mabo . We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights.