Pub Date : 2022-07-03DOI: 10.1080/13200968.2023.2170893
Sandra Elhelw Wright
ABSTRACT This study uses an intersectional lens to examine disclosure among Australian Muslim women experiencing domestic and family violence (DFV). Findings reveal a disjuncture between formal DFV systems and Australian Muslim women’s realities. The disjuncture is fuelled by three key factors: reluctance to disclose violence due to discrimination and marginalisation; a disconnect between the language the women use to describe violence and the language used by formal DFV systems; and disclosures and identification of violence occurring primarily outside of formal DFV systems. The factors that lead to the disjuncture described above are shaped by all three of Crenshaw’s forms of intersectionality, demonstrating that while intersectionality can improve responses to disclosures of violence by marginalised women, it can only do so with a holistic application of the concept. One of the key implications of this is that investment is needed to increase the capacity of informal networks and non-DFV specific formal systems to identify and respond to violence in order to better respond to Australian Muslim women’s intersectional experiences. Acknowledging the factors affecting Australian Muslim women’s experiences of disclosure also yields benefits for other marginalised women.
{"title":"Navigating the Disjuncture Between Domestic and Family Violence Systems: Australian Muslim Women’s Challenges when Disclosing Violence","authors":"Sandra Elhelw Wright","doi":"10.1080/13200968.2023.2170893","DOIUrl":"https://doi.org/10.1080/13200968.2023.2170893","url":null,"abstract":"ABSTRACT This study uses an intersectional lens to examine disclosure among Australian Muslim women experiencing domestic and family violence (DFV). Findings reveal a disjuncture between formal DFV systems and Australian Muslim women’s realities. The disjuncture is fuelled by three key factors: reluctance to disclose violence due to discrimination and marginalisation; a disconnect between the language the women use to describe violence and the language used by formal DFV systems; and disclosures and identification of violence occurring primarily outside of formal DFV systems. The factors that lead to the disjuncture described above are shaped by all three of Crenshaw’s forms of intersectionality, demonstrating that while intersectionality can improve responses to disclosures of violence by marginalised women, it can only do so with a holistic application of the concept. One of the key implications of this is that investment is needed to increase the capacity of informal networks and non-DFV specific formal systems to identify and respond to violence in order to better respond to Australian Muslim women’s intersectional experiences. Acknowledging the factors affecting Australian Muslim women’s experiences of disclosure also yields benefits for other marginalised women.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"321 - 347"},"PeriodicalIF":0.5,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46114127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/13200968.2022.2140958
Arti Gupta
ABSTRACT In September 2018, the Supreme Court of India in Navtej Johar v Union of India, decriminalised consensual same-sex sexual activities by reading down Section 377 of the Indian Penal Code. A significant aspect of the Court’s reasoning was that Section 377 was an embodiment of ‘Judeo-Christian’ morality and a colonial imposition. In providing that reasoning, the judgment does not stand alone. For a long time now, various revisionist accounts of religious texts and scriptures have been presented to argue that ancient ‘Indian culture’ had been tolerant towards non-normative sex and gender, and ‘homophobia’ was simply a British imposition. Such revisionist arguments had initially been put forth by Indian queer rights groups to nullify the orthodox homophobic attitudes which rested on the claim that homosexuality is alien to ‘our culture’. However, this article argues that there has been an increasing cooptation of such accounts by dominant Hindu Right groups for their political ends. This article also shows that this reliance on the past (through scriptures or otherwise) to confer legitimacy on the present can have the effect of constraining the radical potentialities of that past. At the end, this article argues for a turn towards the future, which, creating new solidarities, can become a horizon of possibilities.
{"title":"The Unhappy Marriage of ‘Queerness’ and ‘Culture’: The Present Implications of Fixating on the Past","authors":"Arti Gupta","doi":"10.1080/13200968.2022.2140958","DOIUrl":"https://doi.org/10.1080/13200968.2022.2140958","url":null,"abstract":"ABSTRACT In September 2018, the Supreme Court of India in Navtej Johar v Union of India, decriminalised consensual same-sex sexual activities by reading down Section 377 of the Indian Penal Code. A significant aspect of the Court’s reasoning was that Section 377 was an embodiment of ‘Judeo-Christian’ morality and a colonial imposition. In providing that reasoning, the judgment does not stand alone. For a long time now, various revisionist accounts of religious texts and scriptures have been presented to argue that ancient ‘Indian culture’ had been tolerant towards non-normative sex and gender, and ‘homophobia’ was simply a British imposition. Such revisionist arguments had initially been put forth by Indian queer rights groups to nullify the orthodox homophobic attitudes which rested on the claim that homosexuality is alien to ‘our culture’. However, this article argues that there has been an increasing cooptation of such accounts by dominant Hindu Right groups for their political ends. This article also shows that this reliance on the past (through scriptures or otherwise) to confer legitimacy on the present can have the effect of constraining the radical potentialities of that past. At the end, this article argues for a turn towards the future, which, creating new solidarities, can become a horizon of possibilities.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"221 - 244"},"PeriodicalIF":0.5,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48541549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/13200968.2022.2138187
Neera Bhatia, J. Koplin, Ainslee Spadaro
ABSTRACT Human milk is in increasing demand. The health benefits of human milk for infants are well known. A limited number of formal Australian milk banks provide human milk to premature and sick infants. However, growing numbers of adults and parents from non-traditional families of healthy infants are buying and sharing it from the internet and social media sites for consumption. In Australia, human milk is not legally defined as a tissue or a food. Its donation, exchange, or sale is also unregulated. This is a precarious situation, as unscreened and potentially unsafe human milk is being provided to the most vulnerable members of society – infants. This article calls for human milk to be legally defined, and the current regulatory vacuum to be addressed. We recommend a consistent and uniform network of human milk banking and sharing where the safety of donors and recipients is protected. We argue that this might be achieved by defining human milk as a tissue, undergoing screening and storing practices similar to those currently used for blood donation.
{"title":"White Gold on the Black Market: The Need for Regulation of Banking and Donation of Human Milk in Australia","authors":"Neera Bhatia, J. Koplin, Ainslee Spadaro","doi":"10.1080/13200968.2022.2138187","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138187","url":null,"abstract":"ABSTRACT Human milk is in increasing demand. The health benefits of human milk for infants are well known. A limited number of formal Australian milk banks provide human milk to premature and sick infants. However, growing numbers of adults and parents from non-traditional families of healthy infants are buying and sharing it from the internet and social media sites for consumption. In Australia, human milk is not legally defined as a tissue or a food. Its donation, exchange, or sale is also unregulated. This is a precarious situation, as unscreened and potentially unsafe human milk is being provided to the most vulnerable members of society – infants. This article calls for human milk to be legally defined, and the current regulatory vacuum to be addressed. We recommend a consistent and uniform network of human milk banking and sharing where the safety of donors and recipients is protected. We argue that this might be achieved by defining human milk as a tissue, undergoing screening and storing practices similar to those currently used for blood donation.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"165 - 192"},"PeriodicalIF":0.5,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48864469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/13200968.2022.2147704
Natalia Urzola, María Paula González
ABSTRACT Colombia’s 2016 Peace Agreement is innovative in many ways. Remarkably, the agreement places significant emphasis on gender as a guiding principle. Gender-related measures are at the core of Colombia’s peacebuilding efforts. Nevertheless, six years after, parties have not fully implemented these measures; a narrow understanding of the concept of violence could be one of the reasons behind this. The agreement mainly refers to the physical and dominant understanding of gender-based violence (GBV). However, this understanding is problematic. Environmental and climate-related causes are structural to the Colombian armed conflict, and critical in building peace. Environmental violence points to human-induced activities that cause harms to the environment. Climate violence, one manifestation of environmental violence, is a type of violence that worsens underlying conditions of inequalities through extreme climate conditions. Drawing on the 2016 Colombian Peace Agreement, this article focuses on the experiences of Colombian rural women to assess whether expanding dominant concepts of GBV help implement environmental peacebuilding commitments. Applying an intersectional ecofeminist reading could contribute to acknowledging particular forms of violence embedded in the climate and peace crises in Colombia during the implementation phase of gender-related peace commitments and push towards the recognition of environmental and climate violence as GBV.
{"title":"Gender-Based Environmental Violence in Colombia: Problematising Dominant Notions of Gender-Based Violence During Peacebuilding","authors":"Natalia Urzola, María Paula González","doi":"10.1080/13200968.2022.2147704","DOIUrl":"https://doi.org/10.1080/13200968.2022.2147704","url":null,"abstract":"ABSTRACT Colombia’s 2016 Peace Agreement is innovative in many ways. Remarkably, the agreement places significant emphasis on gender as a guiding principle. Gender-related measures are at the core of Colombia’s peacebuilding efforts. Nevertheless, six years after, parties have not fully implemented these measures; a narrow understanding of the concept of violence could be one of the reasons behind this. The agreement mainly refers to the physical and dominant understanding of gender-based violence (GBV). However, this understanding is problematic. Environmental and climate-related causes are structural to the Colombian armed conflict, and critical in building peace. Environmental violence points to human-induced activities that cause harms to the environment. Climate violence, one manifestation of environmental violence, is a type of violence that worsens underlying conditions of inequalities through extreme climate conditions. Drawing on the 2016 Colombian Peace Agreement, this article focuses on the experiences of Colombian rural women to assess whether expanding dominant concepts of GBV help implement environmental peacebuilding commitments. Applying an intersectional ecofeminist reading could contribute to acknowledging particular forms of violence embedded in the climate and peace crises in Colombia during the implementation phase of gender-related peace commitments and push towards the recognition of environmental and climate violence as GBV.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"245 - 264"},"PeriodicalIF":0.5,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49552560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/13200968.2022.2153491
Rebecca Moldoveanu, Ashley Pearson
ABSTRACT This article interrogates the production of images of sexual violence, suicide and its traumatic aftermath within the television series, 13 Reasons Why. The understanding of law as a deeply cultural enterprise, constituted and influenced by aesthetic, affect and narrative, is invaluable to revealing law’s hidden structures and techniques. Drawing on cultural legal methodology and trauma literature, this article examines the legal and narrative impetuses to articulate trauma within 13 Reasons Why. After outlining the implied failure of legal institutions to deliver satisfactory justice for the viewer, this article unpacks the animation of alternative modes of justice beyond law. This justice takes its form in the pre-recorded cassette tapes made by the deceased protagonist, Hannah Baker, which transform her private trauma into a public one by naming those who she believed to be accountable for her death. In analysing the content and medium of the tapes, and the unfinished business implied by Hannah’s ghostly haunting, this article considers the excess of trauma in relation to the distinct concepts of law and justice. Through its analysis of 13 Reasons Why, this article contributes to the ongoing tensions in trauma articulation and the perceived disparity between legal and just outcomes.
{"title":"Alternate Forms of Justice and Adjudicating Trauma in 13 Reasons Why","authors":"Rebecca Moldoveanu, Ashley Pearson","doi":"10.1080/13200968.2022.2153491","DOIUrl":"https://doi.org/10.1080/13200968.2022.2153491","url":null,"abstract":"ABSTRACT This article interrogates the production of images of sexual violence, suicide and its traumatic aftermath within the television series, 13 Reasons Why. The understanding of law as a deeply cultural enterprise, constituted and influenced by aesthetic, affect and narrative, is invaluable to revealing law’s hidden structures and techniques. Drawing on cultural legal methodology and trauma literature, this article examines the legal and narrative impetuses to articulate trauma within 13 Reasons Why. After outlining the implied failure of legal institutions to deliver satisfactory justice for the viewer, this article unpacks the animation of alternative modes of justice beyond law. This justice takes its form in the pre-recorded cassette tapes made by the deceased protagonist, Hannah Baker, which transform her private trauma into a public one by naming those who she believed to be accountable for her death. In analysing the content and medium of the tapes, and the unfinished business implied by Hannah’s ghostly haunting, this article considers the excess of trauma in relation to the distinct concepts of law and justice. Through its analysis of 13 Reasons Why, this article contributes to the ongoing tensions in trauma articulation and the perceived disparity between legal and just outcomes.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"295 - 320"},"PeriodicalIF":0.5,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41701573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/13200968.2022.2138189
K. James
ABSTRACT In 2018 the conservative government in Australia yielded to a sustained campaign of public pressure to remove the goods and services tax (GST) on menstrual products. The campaign is regarded by many as an unequivocal success – an unjust tax was removed from a class of product purchased almost exclusively by women at a minimal cost to revenue. In the process it forced attention to women's bodies, women's rights and furthered the burgeoning menstrual rights movement. However, this article contends that this optimistic assessment is premised on an unduly narrow frame. A broader assessment of the relevant costs and gains of the campaign shows that the victory was neither complete nor costless. The narrow liberal concern of equal treatment on a single issue – the removal of the GST on menstrual products – left the underlying political and economic structures that subordinate women mostly unchallenged including in relation to key concerns of the menstrual rights movement such as the removal of menstrual stigma. Moreover, this singular focus on a narrow end through the pursuit of an anti-tax campaign runs the risk of undermining exactly the types of collective action required to address women's economic subordination within the tax and transfer system as well as the broader economy and society.
{"title":"Removal of the Tampon Tax: A Costless or Pyrrhic Victory?","authors":"K. James","doi":"10.1080/13200968.2022.2138189","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138189","url":null,"abstract":"ABSTRACT In 2018 the conservative government in Australia yielded to a sustained campaign of public pressure to remove the goods and services tax (GST) on menstrual products. The campaign is regarded by many as an unequivocal success – an unjust tax was removed from a class of product purchased almost exclusively by women at a minimal cost to revenue. In the process it forced attention to women's bodies, women's rights and furthered the burgeoning menstrual rights movement. However, this article contends that this optimistic assessment is premised on an unduly narrow frame. A broader assessment of the relevant costs and gains of the campaign shows that the victory was neither complete nor costless. The narrow liberal concern of equal treatment on a single issue – the removal of the GST on menstrual products – left the underlying political and economic structures that subordinate women mostly unchallenged including in relation to key concerns of the menstrual rights movement such as the removal of menstrual stigma. Moreover, this singular focus on a narrow end through the pursuit of an anti-tax campaign runs the risk of undermining exactly the types of collective action required to address women's economic subordination within the tax and transfer system as well as the broader economy and society.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"193 - 220"},"PeriodicalIF":0.5,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45251612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/13200968.2022.2138181
S. Ariyawansa, Anjalee de Silva, Balawyn Jones
Feminist legal scholarship has long been concerned with the subject of violence. In fact, some of the core contributions of feminist legal scholarship in Australia and worldwide have been to identify and examine the specific forms of violence faced by women – and critically, to move beyond perceptions of such violence as being comprised of discrete and private acts between individuals to illuminate its structural impacts and causes. However, prevailing scholarly and legal conceptualisations of ‘violence’ continually frame it as a phenomenon that is predominately direct and physical. There is a need to challenge and expand on these conceptualisations of violence. This special issue seeks to fulfil this aim by drawing together feminist scholarship relating to structural violence and women’s lived experiences of violence, as well as philosophical and phenomenological accounts which challenge established and widely accepted understandings of violence. Our call for papers was launched during the COVID-19 pandemic, when important questions were being raised concerning the treatment of marginalised members of our community, and during the growing backlash to movements such as #MeToo which saw an upswing of what has been called ‘an asphyxiating vortex of litigation’. We saw a need to complicate the notion of ‘violence’ as being direct and predominantly physical in
{"title":"Introduction: Conceptualisations of Violence","authors":"S. Ariyawansa, Anjalee de Silva, Balawyn Jones","doi":"10.1080/13200968.2022.2138181","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138181","url":null,"abstract":"Feminist legal scholarship has long been concerned with the subject of violence. In fact, some of the core contributions of feminist legal scholarship in Australia and worldwide have been to identify and examine the specific forms of violence faced by women – and critically, to move beyond perceptions of such violence as being comprised of discrete and private acts between individuals to illuminate its structural impacts and causes. However, prevailing scholarly and legal conceptualisations of ‘violence’ continually frame it as a phenomenon that is predominately direct and physical. There is a need to challenge and expand on these conceptualisations of violence. This special issue seeks to fulfil this aim by drawing together feminist scholarship relating to structural violence and women’s lived experiences of violence, as well as philosophical and phenomenological accounts which challenge established and widely accepted understandings of violence. Our call for papers was launched during the COVID-19 pandemic, when important questions were being raised concerning the treatment of marginalised members of our community, and during the growing backlash to movements such as #MeToo which saw an upswing of what has been called ‘an asphyxiating vortex of litigation’. We saw a need to complicate the notion of ‘violence’ as being direct and predominantly physical in","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"1 - 9"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48881453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/13200968.2022.2088947
Gabrielle Mardon, Louise Richardson‑Self
ABSTRACT This article considers and evaluates some of the elastic applications of the term ‘violence’. Some of the most well-known applications are structural, symbolic, epistemic, psychosocial, and linguistic violence. Should these phenomena be understood as violence-proper or are these merely provocative hyperbole? Some scholars are openly resistant to these elastic applications, arguing that calling these phenomena ‘violence’ is no more than conceptual carelessness. The question we are interested in is why people continue to be drawn to the image of violence to typify certain phenomena that cause suffering. We identify that it is the temporal extension (i.e. the experiential duration) of the experience of stuckedness in suffering that unifies these conditions. In close, we offer some reflections on the relationship of law to (what is called) violence and where it can mitigate stuckedness.
{"title":"Stuck in Suffering: A Philosophical Exploration of Violence","authors":"Gabrielle Mardon, Louise Richardson‑Self","doi":"10.1080/13200968.2022.2088947","DOIUrl":"https://doi.org/10.1080/13200968.2022.2088947","url":null,"abstract":"ABSTRACT This article considers and evaluates some of the elastic applications of the term ‘violence’. Some of the most well-known applications are structural, symbolic, epistemic, psychosocial, and linguistic violence. Should these phenomena be understood as violence-proper or are these merely provocative hyperbole? Some scholars are openly resistant to these elastic applications, arguing that calling these phenomena ‘violence’ is no more than conceptual carelessness. The question we are interested in is why people continue to be drawn to the image of violence to typify certain phenomena that cause suffering. We identify that it is the temporal extension (i.e. the experiential duration) of the experience of stuckedness in suffering that unifies these conditions. In close, we offer some reflections on the relationship of law to (what is called) violence and where it can mitigate stuckedness.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"113 - 136"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49551317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/13200968.2022.2138185
J. Twemlow, Catherine Turner, A. Swaine
ABSTRACT This article adopts a feminist phenomenological method to flesh out the way in which gendered norms position the experience of anticipating violence. While women’s everyday lives are frequently polluted with an atmosphere laden with potential threats, the law struggles to adequately grasp this experience of anticipating violence. We argue that the dominant legal understanding of violence is incapable of grasping the experience of anticipating violence because the temporal focus of violence is constrained by the law’s focus on violence as an ‘event’ to which it responds. Drawing on interviews with women in positions of leadership in Northern Ireland we provide a description of this gendered experience of anticipating violence. In these cases, women occupy a temporally and spatially stretched out space of being-in-anticipation that not only creates an atmosphere of ambiguity but restricts the space for women to exercise control over their own lives. Arguably the way that anticipation restricts women’s ways of engaging with the world create affective conditions that parallel those of the violence they seek to avoid. We conclude by proposing that the ambiguity that characterises anticipation leaves space for a compassionate response through intersubjective recognition.
{"title":"Moving in a State of Fear: Ambiguity, Gendered Temporality, and the Phenomenology of Anticipating Violence","authors":"J. Twemlow, Catherine Turner, A. Swaine","doi":"10.1080/13200968.2022.2138185","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138185","url":null,"abstract":"ABSTRACT This article adopts a feminist phenomenological method to flesh out the way in which gendered norms position the experience of anticipating violence. While women’s everyday lives are frequently polluted with an atmosphere laden with potential threats, the law struggles to adequately grasp this experience of anticipating violence. We argue that the dominant legal understanding of violence is incapable of grasping the experience of anticipating violence because the temporal focus of violence is constrained by the law’s focus on violence as an ‘event’ to which it responds. Drawing on interviews with women in positions of leadership in Northern Ireland we provide a description of this gendered experience of anticipating violence. In these cases, women occupy a temporally and spatially stretched out space of being-in-anticipation that not only creates an atmosphere of ambiguity but restricts the space for women to exercise control over their own lives. Arguably the way that anticipation restricts women’s ways of engaging with the world create affective conditions that parallel those of the violence they seek to avoid. We conclude by proposing that the ambiguity that characterises anticipation leaves space for a compassionate response through intersubjective recognition.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"87 - 111"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44222880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/13200968.2022.2138186
J. Wangmann
ABSTRACT In 2005, Reg Graycar and Jenny Morgan published ‘Law Reform: What’s in It for Women?’ in which they raised a number of issues and tensions faced in feminist engagements with law reform processes. Relying on Graycar and Morgan’s work I explore three recent law reform processes focused on whether coercive control should be criminalised: the NSW Joint Select Committee on Coercive Control, the Queensland Women’s Safety and Justice Taskforce, and the South Australian exposure Bill. All answered this question in the affirmative. However, there were distinct differences in terms of their respective terms of reference, processes undertaken, participation of diverse and marginalised groups, consideration of implementation issues, and engagement with existing research. This article explores the strengths and weaknesses of these processes. The importance of Graycar and Morgan’s work is that it insists that we examine the processes of law reform, and not just the outcomes. While outcomes are obviously critical, the processes necessarily shape what those outcomes might be. The diversity of views around criminalisation of coercive control meant that attention to these processes was critical, particularly for those who are most likely to experience violence and state interventions in their lives.
{"title":"Law Reform Processes and Criminalising Coercive Control","authors":"J. Wangmann","doi":"10.1080/13200968.2022.2138186","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138186","url":null,"abstract":"ABSTRACT In 2005, Reg Graycar and Jenny Morgan published ‘Law Reform: What’s in It for Women?’ in which they raised a number of issues and tensions faced in feminist engagements with law reform processes. Relying on Graycar and Morgan’s work I explore three recent law reform processes focused on whether coercive control should be criminalised: the NSW Joint Select Committee on Coercive Control, the Queensland Women’s Safety and Justice Taskforce, and the South Australian exposure Bill. All answered this question in the affirmative. However, there were distinct differences in terms of their respective terms of reference, processes undertaken, participation of diverse and marginalised groups, consideration of implementation issues, and engagement with existing research. This article explores the strengths and weaknesses of these processes. The importance of Graycar and Morgan’s work is that it insists that we examine the processes of law reform, and not just the outcomes. While outcomes are obviously critical, the processes necessarily shape what those outcomes might be. The diversity of views around criminalisation of coercive control meant that attention to these processes was critical, particularly for those who are most likely to experience violence and state interventions in their lives.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"57 - 86"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44725279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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