This is the text of the keynote lecture delivered at the launch of Black, Lynsey and Dunne, Peter. Law and Gender in Modern Ireland. Oxford: Hart, delivered 13th September 2019, Department of Law, Maynooth University, Ireland. The lecture locates the book within the context of rapid, radical transformation in gender law and politics in Ireland, highlighting some of the issues which have been the focus of activism and/or reform. The lecture goes on to outline some of the challenges which arise (...) in the legislative pursuit of gender equality including the tension between respecting agency and choice and curbing exploitative and/or gender disadvantaging practices. Comparisons are also made with legislative initiatives in neighbouring Britain. The lecture concludes with some reflections on the interplay of sex and gender in law and public debate and their embedding in the constitutional creation of the modern Irish State. (shrink)

This article assesses the significance of Baker et al., Equality: from Theory to Action from the perspective of current concerns occupying legal equality scholars in the UK, focusing in particular on the practical relevance of equality studies to the kinds of issues arising from the debate over the new Commission for Equality and Human Rights (CEHR). The article highlights and considers key issues, including the delineation of the sphere of inequality protection, the normative content of the concept of equality espoused (...) by law and the potential of law to reach beyond its current limits to embrace the broader dimensions of (in)equality identified in Baker et al.’s account. (shrink)

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with (...) a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues. (shrink)

In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis is (...) methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece’s analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned. (shrink)

This note analyses a recent case of the European Court of Justice in which the applicant, a 14-year old rape victim, alleged that Bulgarian criminal law violated her rights under Articles 3 and 8 of the European Convention of Human Rights in pursuing a practice of only prosecuting rape where there was evidence of the use of physical force and active resistance. In upholding the applicant’s claims, the Court re-affirmed the positive obligation on states to adopt measures to ensure that (...) fundamental rights under the Convention were secured. In particular, in the case of rape, this required the enactment and application of criminal laws effectively prescribing all acts of non-consensual sex and not just those involving physical violence. In this way the Court affirmed not only that rape was, in essence, a violation of personal sexual autonomy but also that legal systems which failed adequately to protect against all forms of rape risked operating in breach of Convention obligations. (shrink)

On November 20, 2014, Professor Joanne Conaghan and Dr. Yvette Russell met at the University of Bristol Law School to discuss Conaghan’s most recent book Law and Gender. This paper is an edited transcript of their discussion, the question and answer session with the audience that followed, and includes Conaghan’s reflections on her long and varied career as a feminist legal scholar. The discussion was chaired by Dr. Devyani Prabhat and organised as part of Bristol Law (...) School’s Women in Law seminar series. (shrink)

This commentary explores the scope and content of the Protection from Harassment Act, recently introduced in the UK, focusing in particular on s.3 which creates a civil cause of action for harassment. The author considers the strategic possibilities for feminists concerned with enhancing remedies for sexual harassment as well as the drawbacks of the Act, particularly its capacity to be deployed in a wide range of contexts not all of which necessarily promote justice or enhance civil and political rights. The (...) author concludes by emphasising the important role of the courts in defining and delineating the scope of the Act as well as exploring the possibility of continued development of the common law principle in Wilkinson v. Downton. (shrink)

For any reader needing a concise explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than legal dictionaries but always accessible to the non-expert, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.

In the present state of the law, there is no tort of harassment. Nor in the light of later authority can the view be upheld that there is no tort of harassment.

Because gender norms shape the content and application of the law, feminist scholarship has a lot to contribute to the study of law. Gender is also relevant to several problems in normative jurisprudence, and to some problems in special jurisprudence (the study of concepts in the law). But gender has no relevance to general jurisprudence for there is no sense in which the concept of law is ‘gendered’, and no answer to leading problems in general jurisprudence depends on any thesis (...) about gender. Yet some feminist scholars, including prominently Joanne Conaghan, argue that gender is pervasively relevant to jurisprudence, though its relevance has been screened out by methodological errors that characterize what she calls ‘the analytical jurisprudential mind’. I argue that this is incorrect, by examining the relationship between gender and law, the relationship between sex and gender, and the place of sex in the legal concept of marriage. The methodological charges against ‘the analytical jurisprudential mind’ prove unfounded. I also suggest that hostility to analytical methods is likely to be damaging to feminist legal theory, and urge feminist scholars to look again at the resources of analytic legal philosophy. (shrink)

We reply to discussions of Equality: From Theory to Action by Harry Brighouse, Joanne Conaghan, Cillian McBride and Stuart White. We find many of their points helpful and treat them as a useful contribution to a continuing dialogue on egalitarianism.

There is little empirical evidence showing a direct link between a capacity for statistical learning (SL) and proficiency with natural language. Moreover, discussion of the role of SL in language acquisition has seldom focused on literacy development. Our study addressed these issues by investigating the relationship between SL and reading ability in typically developing children and healthy adults. We tested SL using visually presented stimuli within a triplet learning paradigm and examined reading ability by administering the Wide Range Achievement Test (...) (WRAT-4; Wilkinson & Robertson, 2006). A total of 38 typically developing children (mean age of 9;5 years, range 6;4–12;5) and 37 healthy adults (mean age of 21 years, range 18–34) were assessed. In children, SL was significantly related to reading ability. Importantly, this relationship was independent of grade and also age. The adult data, too, revealed that SL was significantly related to reading ability. A regression analysis of the combined child and adult data revealed that SL accounted for a unique amount of variance in reading ability, after age and attention had been taken into consideration. For the first time, this study provides empirical evidence that a capacity for more effective SL is related to higher reading ability in the general population. (shrink)

Understanding the nature of science has long been a desired outcome of science education, despite ongoing disagreements about the content, structure, and focus of NOS expectations. Addressing the concern that teachers likely focus only on student learning expectations appearing in standards documents, this study examines the current state of NOS in science education standards documents from nine diverse countries to determine the overt NOS learning expectations that appeared, NOS statements provided near those learning expectations, but not identified as learning outcomes, (...) and NOS statements found in ancillary text. Findings indicate that NOS ideas rarely occur as expectations for student learning and are far more commonly found in ancillary material. Moreover, consensus was not apparent in the overt learning outcomes for students. Given the well-documented poor state of NOS instruction and the consistent lack of NOS appearing in published curriculum materials, the NOS standards appearing in nearly all documents analyzed are unlikely to provide sufficient conceptual or pedagogical support for NOS to be accurately interpreted or translated into meaningful experiences for students. (shrink)

We contribute to the literature on ethics in the professions by theorizing how global mobility precipitates professional insecurity and constrained moral agency. We present our findings of a study of accountants migrating to Canada. Using postcolonial theory and relational/poststructuralist theories of identity and ethics, we contrast the experiences of marginalized and privileged migrant accountants to show how those with “diverse” social identities are not recognized by professionals in Canada and must seek recognition from Canadian colleagues, employers, and clients to reconstitute (...) their professional identities and moral agency. We discuss the implications of the exclusion and marginalization of professionals for migrants, the profession, and society more generally. (shrink)

This study examines how authentic leadership influences team performance via the mediating mechanism of team reflexivity. Adopting a self-regulatory perspective, we propose that authentic leadership will predict the specific team regulatory process of reflexivity, which in turn will be associated with two outcomes of team performance, effectiveness and productivity. Using survey data from 53 teams in three organizations in the United Kingdom and Greece and controlling for collective trust, we found support for our stated hypotheses with the results indicating a (...) significant fully mediated relationship. As predicted the self-regulatory behaviors inherent in the process of authentic leadership served to collectively shape team behavior, manifesting in the process of team reflexivity, which, in turn, positively predicted team performance. We conclude with a discussion of how this study extends theoretical understanding of authentic leadership in relation to teamwork and delineate several practical implications for leaders and organizations. (shrink)

An in-depth examination of the work of this important medieval woman mystic.

The relation between Australia’s First Nations peoples and settler-colonial Australians may be characterised as having “miscarried” to the extent that colonial difference is unacknowledged,...

Since there are so few controls over detecting and preventing faculty misconduct, one of the most common ways in which it is discovered is through student reports. Given the importance of student reports in bringing to light faculty’s ethical lapses, this paper seeks to understand what factors influence students’ likelihood to report faculty misconduct. We develop an empirical model that integrates the decision process of the Prosocial Organizational Behavior Model with insights from the emotional perspective on whistleblowing. Specifically, we use (...) an experimental survey to examine how students’ perceived unfairness of the faculty misconduct, feelings of anger, and the students’ self-interest in the situation in conjunction with situational “cues for inaction” lead to the intention to blow the whistle. Overall, the results from our structural model partially support our theoretical model. Interestingly, these findings demonstrate that, in the case of faculty member misconduct, anger and perceptions of unfairness play a greater role than the more rational cost-benefit process of the POB model. These results could aid in development of ethics education for students and could also inform the development of university policies that encourage students to come forward when faced with faculty misconduct. (shrink)

Published to coincide with an exhibition at Open Eye Gallery in Liverpool, Women on the Waterfront combines essays, first-person accounts, and stunning photographic images to tell the story of the twentieth-century women who worked, and continue to work, in and around the city’s waterfront—or who abandoned urban life to earn a living at sea. At the heart of the project are Michelle Sank’s remarkable and vibrant portraits of the women she has photographed, alongside their own words—alternately chillingly real in their (...) gritty depictions of life on the waterfront and remarkably confident, vulnerable, and even otherworldly. Enhancing these already extraordinary stories is Joanne Lacey’s rich essay, “Journey to the Water’s Edge,” which examines the story behind this fascinating archive and its origins in Lacey’s own family history. (shrink)

"Over many centuries, philosophers, theologians, and poets have been fascinated by the interplay of will and desire in the human psyche. Does will follow or precede desire? How can we bond them and thus unite body, soul, and spirit in harmonic concord? For fresh insights to these age-old questions, Dr. Joanne Stroud enlists the tools of modern psychology. Her eclectic probe of basic human drives moves from the awesome power of Eros, the great liberator of antiquity, through the impact (...) of the monotheistic faiths on will and desire, and finally to the discordant views of the great philosophers and psychologists of the modern era, among them Nietzsche, Freud, Jung, and the little known but magnetic Frenchman, Gaston Bachelard." "Love and will, human aspirations and desires, are caught - the author concludes - in a whirlwind of change, with impersonal scientific data supplanting the myths, the ancient lore, the stories rich in imagery, that previously contoured human behavior. As a result we live, in W.B. Yeat's famous phrase, in "the age of disordered will."" "In the twentieth century will became recognized only in its more conscious applications, as almost synonymous with ego. With this increasing reverence for the strong ego, will was elevated (by psychologists, among many others) to new egotistical summits as a potent tool of power. The more subtle aspects of will, such as the way it delineates identity, have been neglected, the author contends, and can only be recaptured by an understanding of how will becomes bonded to desire."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

Marginalization has been used as a guiding concept for nursing research, theory and practice. Its properties have been identified and updated in 1994 and 1999, respectively. This article re-examines marginalization, considering it to be a concept that changes with pivotal historical events. The events of September 11, 2001, and the war between the US/UK and Iraq are such pivotal events. The notion of the linguistic habitus and symbolic violence as outlined by Bourdieu provide new insights about the dynamics of marginalization. (...) Specifically noted is the marginalization of persons and cultures based on their designation by the current US administration, and as interpreted through mainstream media, as actual or potential ‘terrorists’. A parallel situation in nursing is discussed, beginning with nursing's own marginality, related to the dynamics of symbolic violence. Nursing is argued to be vulnerable to having essential words and practices co-opted by dominant institutions and altered in meaning, that is, made incongruent with the discipline's emphasis on core values of confidentiality, equity and care. In response to marginalization and exteriorization those affected can use voice and testimony to ‘recreate the centre’. Suggestions for protecting our practices and philosophy are included. (shrink)

In this paper, I provide an arts-based posthumanist cartography of a theatre play, Apple Time performed by deaf youth in Regina, Saskatchewan. This play was co-constructed by deaf youth performers, two deaf adults, a hearing teacher, and a hearing director. Apple Time premiered in Regina, Saskatchewan on June 2, 2018, and was remounted again at the Globe Theatre (Regina) in February 2019 and again at the SoundOff Festival in Edmonton, Alberta. The arts-based cartography examines intelligibility as a methodological problem as (...) posited by Graif (2018), in which the actions of deaf children and youth often remain invisible due to the ontological position that perception of the world is predicated upon the ability to hear. Intelligibility as a methodological problem poses a challenge to the deficit perspective commonly held by families and service providers working with deaf children and youth (Glickman & Hall, 2019). The performers in this play were able to re-align audience perceptions through the presentation of their inner worlds and preoccupations, thereby making their multiple deaf worlds more intelligible. (shrink)

Nurse philosopher Sally Gadow (1999) has proposed the relational narrative between patient and nurse as a ‘postmodern turn’ for nursing ethics. She has conceptualized this moral approach as the construction by patient and nurse of a coauthored narrative describing the good they are seeking, as well as the means to achieve this good. The purpose of this article is to provide an elaboration of Gadow's seminal conceptualization of relational narrative based on her writings and those of other philosophers. The article (...) will further develop relational narrative's foundations in relationship and narrative and will explore engagement as a dimension essential to its creation and growth. The elaboration first builds on the notion of relationship as foundational to this postmodern moral perspective. Narrative then is advanced as being at the heart of the patient–nurse relationship and their relational narrative, based on an exploration of narrative's role in the moral realm as an epistemology for patient and nurse. Finally, the dialogic and embodied engagement expressed by a relational narrative is developed as a critical element of the ethic. (shrink)