feminists@law https://journals.kent.ac.uk/index.php/feministsatlaw <p>feminists@law aims to publish critical, interdisciplinary, theoretically engaged scholarship that extends feminist debates and analyses relating to law and justice (broadly conceived). It has a particular interest in critical and theoretical approaches and perspectives that draw upon postcolonial, transnational and poststructuralist work. The journal publishes material in a range of print and multimedia formats and in English and other languages. The journal is committed to an international perspective, to the promotion of feminist work in all areas of law and justice, and to making that work widely available through open access publishing.</p> <p>ISSN:&nbsp; 2046-9551</p> en-US Authors who publish with this journal agree to the following terms:<br /><ol type="a"><ol type="a"><li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a href="http://creativecommons.org/licenses/by/3.0/" target="_new"><span style="color: #1f4f82;">Creative Commons Attribution License</span></a> that allows others to share the work for any purposs with an acknowledgement of the work's authorship and initial publication in this journal.</li></ol></ol><br /><ol type="a"><ol type="a"><li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li></ol></ol><br /><ol type="a"><li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See <a href="http://opcit.eprints.org/oacitation-biblio.html" target="_new"><span style="color: #1f4f82;">The Effect of Open Access</span></a>).</li></ol> feministsatlaw@kent.ac.uk (Rosemary Hunter) M.Bull@kent.ac.uk (Matthew Bull) Fri, 08 Feb 2019 14:34:12 -0800 OJS http://blogs.law.harvard.edu/tech/rss 60 Artefacts of Emergency Law, Gender and Anti-Colonial Resistance in Mandatory Palestine https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/770 <p>The article focuses on the account given by Hilda Wilson, during a year spent as an English schoolteacher in Palestine, of the emergency regulations adopted by the British authorities to quell the Great Arab Revolt which unfolded in the years 1936-1939. The article attempts to offer a more detailed inquiry into the real-life experience of women in order to give a more contextual, complex and relational account of the life of law in the Mandatory ‘peripheries’ during an anti-colonial uprising. Wilson’s account and her relationship with the indigenous anti-colonial revolt is investigated through a feminist and post-colonial legal approach which aims to re-write legal histories from below. As part of a broader critical legal approach to the history of law, this article aims to intervene in the discussion on methods and methodology in the writing of legal histories. In terms of methods, the paper relies on primary materials such as diaries and material objects as the primary tools for legal research. In terms of methodology, it applies interdisciplinary insights to the understanding of legal order/disorder and to the construction of hybrid legal subjectivities. In this sense, the article contributes to feminist perspectives on international law, focusing on the intersections between gender, race and law in order to give a different account of the space for women’s self-determination in Mandatory Palestine.</p> Paola Zichi Copyright (c) 2019 Paola Zichi https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/770 Fri, 15 Mar 2019 04:52:43 -0700 A Very Binary Drama: The Conceptual Struggle for Gender's Future https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/655 <p>This article explores how both the present and change are imagined and enacted in relation to gender’s conceptual future. Its jumping off point is the current British struggle over definitions of gender and sex, and how law and public policy should respond. Two contrasting conceptions have become particularly dominant within wider public discourse: gender as sex-based domination; and gender as identity diversity. The article explores the conceptual lines of friction and the part institutional arenas, particularly law reform debates, have played in shaping the dispute. In its second half, the article locates these conceptual lines in different conceptual tasks. Prefiguring, destabilising, and critiquing gender are all oriented to forging a different conceptual future for gender, but they also seem to rely on different conceptions of what gender means and involves. Arguing that concepts should be approached as invariably plural, rather than as subject to a single right definition, this article asks whether different conceptions of gender can interrelate in less antagonistic, more fruitful ways including in the development of statutory law. This article draws on utopian thinking to explore the challenge of gender’s conceptual future.</p> Davina Cooper Copyright (c) https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/655 Mon, 25 Mar 2019 16:34:16 -0700 Editorial: Gender, Conflict and Political Settlements: What Do We Know? https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/741 This Editorial introduces the Political Settlements Research Programme (PSRP) at the University of Edinburgh, and this Special Issue on Engendering Political Settlements which draws together findings and analysis from the gender theme of the PSRP. Catherine O'Rourke Copyright (c) 2019 Catherine O'Rourke https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/741 Fri, 08 Feb 2019 14:34:11 -0800 Gendered Political Settlements and Peacebuilding: Mapping Inclusion in Practice https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/752 This paper looks at practice-research methods used by Conciliation Resources (CR), an international peacebuilding organisation, as part of the Political Settlements Research Project. Between 2015 and 2017, Conciliation Resources and its partners convened three learning workshops in Nepal, Colombia, and Bougainville. The workshops ‘tested’ understandings of political settlements in conflict-affected contexts, with a specific focus on gender, through participatory practice-based research. The paper explores how co-learning approaches were developed and designed between CR and its partners: including how questions of inclusion, gender and political settlements were adapted to specific contexts; the approaches and methods developed; and the challenges and potential for research to influence peacebuilding practice. It also provides a critical reflection on the processes and outcomes of co-learning between international and local partners. Zahbia Yousuf, Sophia Close Copyright (c) 2019 Zahbia Yousuf, Sophia Close https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/752 Sun, 17 Feb 2019 09:38:39 -0800 Principled Pragmatism and the ‘Inclusion Project’: Implementing a Gender Perspective in Peace Agreements https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/742 <p>UN Security Council Resolution 1325 of 2000 provided that peace agreements should adopt a ‘gender perspective’. This commitment has been reiterated in women, peace and security resolutions since that time. This article uses a mixed qualitative and quantitative analysis to consider when and how peace agreements have adopted a gender perspective, using a new PA-X peace agreement database to analyse over 1500 peace and transition agreements from between 1990 and 2016. It goes further to consider how inclusion of women is related to the other forms of political and group inclusion contemplated to form part of the new political settlement. The article begins by examining what might be meant by a ‘gender perspective in peace agreements’. It maps out when and how peace agreements provide for women, girls and gender, but also for Lesbian, Gay, Bisexual and Trans communities, and for ‘men and boys’ and ‘family’ at different stages of a peace process. The article provides new data on the implementation of agreement commitments and specifically those issues singled out for attention by UNSC 1325. Finally, we consider the inclusion project on offer to women and its relationship to the conceptualisation of the conflict and its solution, by considering the relationship between gender, power-sharing and transitional justice. In summary, analysis of the dataset provides three main findings. First provision for women is still largely limited to once-off provisions, or issues relating to the victimhood of women, with holistic attempts to adopt a ‘gender perspective’ relatively rare. Second, the inclusion of women in peace agreement texts tends to be located in the more comprehensive stages of the agreement, with little consideration given to women and gender at either pre-negotiation stages of a peace process, or implementation stages. Third, surprisingly perhaps, political power-sharing is shown to be strongly correlated with several measures of gender inclusion rather than marking an exclusive focus on the inclusion of the groups at the heart of the conflict. In conclusion we argue that peace agreements indicate the presence of ‘principled pragmatism’ whereby elite commitments to political equality are used by a range of groups to push for a more pluralist conception of the peace settlement as also concerned with the political equality of groups beyond the conflict actors.</p> Christine Bell, Kevin McNicholl Copyright (c) 2019 Christine Bell, Kevin McNicholl https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/742 Fri, 08 Feb 2019 14:34:11 -0800 Gender, Social Networks and Conflict Processes https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/743 War is an inherently social process, from the mobilization of new, armed organizations, to the relational aftershocks of violence affecting families and local communities. This essay synthesizes existing feminist research on dynamics of conflict and peacebuilding and brings a social network approach to understanding gendered patterns of intersectional inequality. It presents a framework for understanding how civil war affects social structures vis-à-vis personal support networks, and in turn how that can constrain or enable women’s and men’s social and economic opportunities. Through a descriptive analysis of communities in Eastern Democratic Republic of the Congo, I argue that war’s social processes, and ongoing militarization in particular, can create structural constraints for people seeking to participate peacefully in civilian life, and incentivize maintaining armed group connections. Network research shines light on the social processes that reproduce gendered inequalities and cleavages after conflict. It also reveals opportunities for bridging divides and transforming wartime networks into peacetime support structures. Zoe Marks Copyright (c) 2019 Zoe Marks https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/743 Fri, 08 Feb 2019 14:34:12 -0800 Transforming Responses to Domestic Violence in a Politically Contested Environment: The Case of Northern Ireland https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/744 Domestic violence is a global phenomenon, but it takes on specific modalities in different cultural and geo-political settings. Drawing on evidence from the Northern Irish case, this article is concerned with exploring the relationship between domestic violence and the international and national sociopolitical context which domestic violence is perpetrated in and responded to. The Northern Irish case reveals a high level of political, religious and ethnic contestation at a societal level, a patriarchal social structure and conservative attitudes, each of which influence experiences of and responses to domestic violence. These factors exist alongside a number of groundbreaking changes to the overall political context and to domestic violence policies in Northern Ireland. This article seeks to explore the impact of these sociopolitical factors and changes on patterns of domestic violence in Northern Ireland over the last thirty years. The article is concerned with identifying how domestic violence responses are shaped by the sociopolitical context, what progress has been made in policy responses to domestic violence and the gaps that remain. Jessica Doyle, Monica McWilliams Copyright (c) 2019 Jessica Doyle, Monica McWilliams https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/744 Fri, 08 Feb 2019 14:34:12 -0800 International Gender Equality Norms and their Fragmented Protection in Conflict https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/750 Normative and legal developments in the protection of gender equality in conflict have proliferated in recent decades across diverse regimes of public international law. Nevertheless, the ultimate impact of such international norms on domestic conflict-affected settings is unclear. This article sets out to elucidate how international gender equality norms, underpinned by proliferating soft and hard legal sources, and implemented by separate institutions with widely varying powers of monitoring and enforcement, bring traction to women’s and girls’ rights in conflict-affected settings. While much discussion of fragmentation focuses on conflict between norms – and how to resolve such conflict within the non-hierarchical structure of international law – this article examines gender equality norms as they are operationalized by the institutions of international law charged with their monitoring and enforcement. International Relations literature suggests that, while international institutions are formally empowered through the consent and consensus of participating states, they in fact operate with considerable autonomy, due to their ‘expertise’ and consequent pedagogic function as ‘teachers’ of norms to states. The article investigates this thesis through the case study of the prohibition of sexual violence against girl soldiers in the Democratic Republic of the Congo, focusing on institutional activities under international humanitarian law, international criminal law and the United Nations Security Council. The case study reveals that the institutions of international law not only monitor and enforce relevant gender equality norms, but they in fact give substance to often-vague international norms through their operational activities in conflict-affected settings, though not necessarily in a consistent or coherent manner. The article concludes that studying international institutions in their operational activities in conflict settings is essential to understanding the impact of international gender equality norms on women’s and girls’ experiences of conflict. Catherine O'Rourke Copyright (c) 2019 Catherine O'Rourke https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/750 Mon, 11 Feb 2019 09:54:17 -0800 New Institutions, New Gender Rules? A Feminist Institutionalist Lens on Women and Power-Sharing https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/745 <span>This article examines the apparent tension between power-sharing as the dominant approach to conflict settlement and the inclusion of women and provisions for gender equality as promoted through the Women, Peace and Security agenda. We argue that applying a feminist institutionalist (FI) lens - which attends to the interactions between political and social institutions, and the interplay between formal and informal rules, norms and practices - provides a means of explaining the so-called ‘gendered paradox of power-sharing’, including the gap between the promise of formal frameworks and outcomes for women in practice. We draw upon extant feminist research on three post-conflict power-sharing cases: Bosnia and Herzegovina, Northern Ireland, and Burundi. Using the concepts of: <em>nested newness</em>, <em>formal and informal institutions</em>, the <em>gendered logic of appropriateness</em>, and <em>gendered actors</em>, we illuminate <em>why</em> it has been so difficult for the gender progressive institutional innovations to be instantiated. In so doing, we answer the call of Byrne and McCulloch (2012) for more systematic analysis and theorising around the gendered paradox of power-sharing, and we also provide a basis for identifying what institutional mechanisms might be needed to embed the inclusion of women and the integration of the WPS norms in power-sharing frameworks in the future.</span> Fiona Mackay, Cera Murtagh Copyright (c) 2019 Fiona Mackay, Cera Murtagh https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/745 Fri, 08 Feb 2019 14:34:12 -0800