Search results for: feminist legal theory

Authors: Tecla Rita Karendi, Andy Cons Matata

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Although before and at the advent of colonial administration, several women such as Mekatilili wa Menza and Muthoni Nyanjiru took up leadership positions in resisting the colonial administration. Kenya is generally considered a patriarchal society. Many women who tried to take up positions of leadership in postcolonial Kenya, such as the Nobel Prize winner Wangari Maathai, were branded as prostitutes or generally immoral women. However, the Constitution of Kenya, 2010, has since made a huge impact not only in the area of affirmative action but also in various aspects of the feminist legal theory such as the constitutional requirement that no more than two-thirds of the members of the elective or appointive bodies should be of the same gender. This favours women who are often sidelined in elective posts such as parliament or county assemblies and state-appointed posts in the parastatals and commissions. The constitution also recognizes the right to abortion, which was outrightly outlawed in the independence constitution. Certain practices adverse to women’s health, such as wife inheritance, female genital mutilation, and property rights, are either outlawed or framed to recognized women’s rights. The education of the girl-child is also now considered a priority, unlike in the past. Despite these developments, a lot remains to be done.

Keywords: feminist legal theory, constitution of Kenya, 2010, affirmative action, leadership

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Authors: Isaac Kfir

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In thinking about the role of the law and its impact on socially constructed norms and identities, scholars have come to explore a multitude of issues to do with equality, empowerment, and views. The aim of this contribution is threefold. Firstly, offer a descriptive framework of feminist legal studies (FLS) through a review of the evolution of the field in the context of equality, rights, and justice. Secondly, encourage those working on equality, rights, and justice in respect to ‘women’s issues’ to engage in international comparative legal studies. Third, to highlight that those seeking solutions to disempowerment and discrimination must recognize that they need to contend with claims that one is seeking to undermine cultural norms. Therefore, one effective way for feminists to address this situation is by relying more on the international legal mechanism, which reflects basic legal tenets as to the universality of equality, rights, and justice, that can then help shape the domestic setting.

Keywords: international comparative law, feminist legal studies, equality, rights, justice

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Authors: Muhammad Dahiru

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A contestable polemic in postcolonialism is the Western Universalist conception of the people of a vast continent such as Africa as homogenous. Quite often, the postcolonial African woman is seen as an entity in western cultural and literary feminist theorisations. The debate between the so-called western feminist scholarship and the postcolonial/third world feminists that began in the late 1980s focuses on this universalisation of women’s concerns as monolithic. This article argues that the universalising assumption that all women share similar concerns in not only Africa as a continent but even in Nigeria as a country is misleading because of cultural differences. The article is a dialogic reading of Nigerian literature arguing that there is no culturally normative perspective on Nigerian feminist fiction because of the multifaceted and multicultural concerns of women writers from the different cultural regions in the country. The article concludes that this can better be read and appreciated through the lens of M. M. Bakhtin’s theory of dialogism.

Keywords: cultural exclusion, dialogics, Nigerian feminist fiction, postcolonialism

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Authors: Debora Caetano Dahas

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In ‘Ethics’ and in ‘A Political Treatise’ Spinoza presents his very influential take on natural law and the principles that guide his philosophical work and observations. Spinoza’s ideas about rationalization, God, and ethical behavior are undeniably relevant to many debates in the field of legal theory. In addition, it is important to note that Spinoza's takes on body, mind, and imagination played an important role in building a certain way of understanding the female figure in western societies and of their differences in regards to the male figure. It is important to emphasize that the constant and insistent presentation of women as inferior and irrational beings corroborates the institutionalization of discriminatory public policies and practices legitimized by the legal system that cooperates with the aggravation of gender inequalities. Therefore, his arguments in relation to women and their nature have been highly criticized, especially by feminist theorists during the second half of the 21st century. The questioning of this traditional philosophy –often phallocentric– and its way of describing women as irrational and less capable than men, as well as the attempt to reformulate postulates and concepts, takes place in such a way as to create a deconstruction of classical concepts. Some of the arguments developed by Spinoza, however, can serve as a basis for elucidating in what way and to what extent the social and political construction of the feminine identity served as a basis for gender inequality. Thus, based on to the observations elaborated by Moira Gantes, the present research addresses the relationship between Spinoza and the feminist demands in the juridical and political spheres, elaborating arguments that corroborate the convergence between his philosophy and feminist critical theory. Finally, this research aims to discuss how the feminists' critics of Spinoza’s writings have deconstructed and rehabilitated his principles and, in doing so, can further help to illustrate the importance of his philosophy –and, consequently, of his notes on Natural Law– in understanding gender equality as a vital part of the effective implementation of democratic debate and inclusive political participation and representation. In doing so, philosophical and legal arguments based on the feminist re-reading of Spinoza’s principles are presented and then used to explain the controversial political reform in Brazil, especially in regards to the applicability of the legislative act known as Law n. 9.504/1997 which establishes that at least 30% of legislative seats must be occupied by women.

Keywords: natural law, feminism, politics, gender equality

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Authors: Maelle Noir

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International Human rights norms prescribe the obligation to protect refugee women against violence which requires, inter alia, state provision of justiciable, accessible, affordable and non-discriminatory access to justice. However, the interpretation and application of the law still lack gender sensitivity, intersectionality and a trauma-informed approach. Consequently, many refugee survivors face important structural obstacles preventing access to justice and often experience secondary traumatisation when navigating the legal system. This paper argues that the unique nature of the experiences of refugees with gender-based violence against women exacerbated throughout the migration journey calls for a tailored practice of the law to ensure adequate access to justice. The argument developed here is that the obligation to provide survivors with justiciable, accessible, affordable and non-discriminatory access to justice implies radically transforming the practice of the law altogether. This paper, therefore, proposes feminist lawyering as an alternative approach to the practice of the law when addressing gender-based violence against women refugees. First, this paper discusses the specific nature of gender-based violence against refugees with a particular focus on two aspects of the power-violence nexus: the analysis of the shift in gender roles and expectations following displacement as one of the causes of gender-based violence against women refugees and the argument that the asylum situation itself constitutes a form of state-sponsored and institutional violence. Second, the re-traumatising and re-victimising nature of the legal system is explored with the objective to demonstrate States’ failure to comply with their legal obligation to provide refugee women with effective access to justice. Third, this paper discusses some key practical strategies that have been proposed and implemented to transform the practice of the law when dealing with gender-based violence outside of the refugee context. Lastly, this analysis is applied to the specificities of the experiences of refugee survivors of gender-based violence.

Keywords: feminist lawyering, feminist legal theory, gender-based violence, human rights law, intersectionality, refugee protection

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Authors: Solomon Okorley

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With the emergence of artificial intelligence, a proposition that has been made with increasing conviction is the need to assign legal personhood to robots. A major problem that arises when dealing with robots is the issue of liability: who do it hold liable when a robot causes harm? The suggestion to assign legal personality to robots has been made to aid in the assignment of liability. This paper contends that it is premature to assign legal personhood to robots. The paper employed the doctrinal and comparative research methodology. The paper first discusses the various theories that underpin the granting of legal personhood to juridical personalities to ascertain whether these theories can aid in the proposition to assign legal personhood to robots. These theories include fiction theory, aggregate theory, realist theory, and organism theory. Except for the aggregate theory, the fiction theory, the realist theory and the organism theory provide a good foundation to the proposal for legal personhood to be assigned to robots. The paper considers whether robots should be assigned legal personhood from a jurisprudential approach. The legal positivists assert that no metaphysical presuppositions are needed to determine who could be a legal person: the sole deciding factor is the engagement in legal relations and this prerequisite could be fulfilled by robots. However, rationalists, religionists and naturalists assert that the satisfaction of the metaphysical criteria is the basis of legal personality and since robots do not possess this feature, they cannot be assigned legal personhood. This differing perspective shows that the jurisprudential school of thought to which one belongs influences the decision whether to assign legal personhood to robots. The paper makes arguments for and against the assigning of legal personhood to robots. Assigning legal personhood to robots is necessary for the assigning of liability; and since robots are independent in their operation, they should be assigned legal personhood. However, it is argued that the degree of autonomy is insufficient. Robots do not understand legal obligations; they do not have a will of their own and the purported autonomy that they possess is an ‘imputed autonomy’. A crucial question to be asked is ‘whether it is desirable to confer legal personhood on robots’ and not ‘whether legal personhood should be assigned to robots’. This is due to the subjective nature of the responses to such a question as well as the peculiarities of countries in response to this question. The main argument in support of assigning legal personhood to robots is to aid in assigning liability. However, it is argued conferring legal personhood on robots is not the only way to deal with liability issues. Since any of the stakeholders involved with the robot system can be held liable for an accident, it is not desirable to assign legal personhood to robot. It is forecasted that in the epoch of strong artificial intelligence, granting robots legal personhood is plausible; however, in the current era, it is premature.

Keywords: autonomy, legal personhood, premature, jurisprudential

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Authors: Nudrat Kamal

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Scholarship exploring the development of the literary tradition of feminist utopias, especially in the sociopolitical context of Europe and North America, has been important and meaningful, but it is, in large part, still restricted to Euro-American texts. This paper will explore Charlotte Perkins Gilman’s feminist utopia Herland (1915) with another feminist utopia written just a decade before, but in a widely different sociopolitical context: Bengali feminist writer Rokeya Sakhawat Hossain’s English short story Sultana’s Dream (1905). The paper will argue that both texts, despite being written in such different cultural and historical contexts, utilize and subvert the public versus private/domestic sphere dichotomy and the restricted gender roles associated with each sphere in order to conceive of specific formulations of feminist modernities that reflect the sociopolitical contexts and feminist movements both writers were writing within. By bringing Gilman’s Herland into conversation with Hossain’s Sultana’s Dream, the paper hopes to illuminate the new meanings that might emerge if the scholarship on Western feminist utopias was to open itself up to the feminist utopias written elsewhere.

Keywords: comparative literature, feminist utopias, modernity, South Asian literature, utopias

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Authors: Amanda Rebman

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This paper challenges the criminal justice system’s traditional stance regarding prostitution. Historically, the acceptance and morality of prostitution within the United States has fluctuated depending upon the social attitudes of the era. Today, prostitutes are allegedly viewed as victims; however, they are treated like criminals throughout the criminal justice system and society. Dominant patriarchal narratives within the United States has resulted in woman lacking autonomy over their bodies and diminished their ability to choose their own career. Even though prostitutes are deemed victims, many times, they are convicted of crimes, a practice that results in further victimization. Utilizing the socialist feminist theory to understand these juxtaposing positions on whether to legalize prostitution facilitates a greater understanding of how patriarchal capitalist arrangements ensure the oppression of women throughout the criminal justice system. The legalization of prostitution will alleviate some of this oppression and ensure a more equal treatment of women in the criminal justice system and society at large.

Keywords: equality, feminist theory, prostitution, sex work

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Authors: O. E. Eberechi, G. P. Stevens

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Legal theory has been referred to as the explanation of why things do or do not happen. It also describes situations and why they ensue. It provides a normative framework by which things are regulated and a foundation for the establishment of legal mechanisms/institutions that can bring about a desired change in a society. Furthermore, it offers recommendations in resolving practical problems and describes what the law is, what the law ought to be and defines the legal landscape generally. Some legal theories provide a universal standard, e.g. human rights, while others are capable of organizing and streamlining the collective use, and, by extension, bring order to society. Legal theory is used to explain how the world works and how it does not work. This paper will argue for the application of the principles of legal theory in the achievement of access to justice for female victims of sexual violence in refugee camps in Africa through the analysis of legal theories underpinning the access to justice for these women. It is a known fact that female refugees in camps in Africa often experience some form of sexual violation. The perpetrators of these incidents may never be apprehended, prosecuted, convicted or sentenced. Where prosecution does occur, the perpetrators are either acquitted as a result of poor investigation, inept prosecution, a lack of evidence, or the case may be dismissed owing to tardiness on the part of the prosecutor, which accounts for the culture of impunity in refugee camps. In other words, victims do not have access to the justice that could ameliorate the plight of the victims. There is, thus, a need for a legal framework that will facilitate access to justice for these victims. This paper will start with an introduction, and be followed by the definition of legal theory, its functions and its application in law. Secondly, it will provide a brief explanation of the problems faced by female refugees who are victims of sexual violence in refugee camps in Africa. Thirdly, it will embark on an analysis of theories which will be a help to an understanding of the precarious situation of female refugees, why they are violated, the need for access to justice for these victims, and the principles of legal theory in its usefulness in resolving access to justice for these victims.

Keywords: access to justice, underpinning legal theory, refugee, sexual violence

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Authors: Qazi Sarah Rasheed

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Feminism and religion have been regarded as opposing binaries. The reason being that religion is regarded as a tool to legitimize the patriarchal control over women, and therefore, it stands in contrast with the basic feminist principle of gender equity. Hence, the issue of incompatibility between religion and gender parity is often discussed by the feminist as well as secular/liberal discourses, but the feminist discourse has suffered a serious backlash in the recent times for it alienates those women who want to liberate but not at the expense of their religious identity. Though in the Western feminist thought, religion is regarded as a tool of patriarchy that promotes women’s suppression, but for many women, religion can be a source of liberation that advances their rights. The feminists in general, fail to realize that religion, as a social phenomenon may not necessarily promote a series of dogmatic doctrines which are inevitably retrogressive or instinctively status-quoist especially when it comes to the social reforms affecting gender orders. The traditional institution of religion could be instrumental to provide what the women in contemporary situation demand. This paper highlights how the Muslim women in India negotiate and mediate this opposition in an Islamic context. To advance the socio-legal recognition of women’s rights, they question the male privilege and patriarchy in a meaningful way without challenging their Islamic doctrines and try to build a feminist consciousness from within religion.

Keywords: feminism, Islam, Muslim women's rights, religious identity

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Authors: Samira Essabari

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What, unfortunately, governs the Moroccan educational philosophy and policy today is a concerning neoliberal discourse with its obsession with market logics and individualism. Critical education has been advocated to resist the neoliberal hegemony since it holds the promise to reclaim the social function of education. Significantly, the mounting forms of sexism and discrimination against women combined with hegemonic educational practices are jeopardizing the social function of teaching and learning, hence the relevance of feminist critical pedagogy. A substantial body of research worldwide has explored the ways in which feminist pedagogy can develop feminist consciousness and examine power relations in different educational contexts. In Morocco, however, the feasibility of feminist pedagogy has not been researched despite the overwhelming interest in gender issues in different educational settings. The research on critical pedagogies in Morocco remains very promising. Yet, most studies were conducted in contexts which are already engaged with issues of theory, discourse, and discourse analysis. The field of ESP ( English for Specific Purposes) is pragmatic by nature, and priority in research has been given to questions that adhere to the mainstream concerns of need analysis and study skills and ignore issues of power, gender power relations, and intersectional forms of oppression. To address these gaps in the existing literature, this participatory action research seeks to investigate the feasibility of Feminist pedagogy in ESP higher education and how it can foster feminist critical consciousness among ESP students without compromising their language learning needs. The findings of this research will contribute to research on critical applied linguistics and critical ESP more specifically and add to the practice of critical pedagogies in Moroccan higher education by providing in-depth insights into the enablers and barriers to the implementation of feminist critical pedagogy, which is still feeling its way into the educational scene in Morocco.

Keywords: feminist pedagogy, critical pedagogy, power relations, gender, ESP, intersectionality

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Authors: Mohammad Sohail Yunis, Hina Hashim, Alistair R. Anderson

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Entrepreneurship is gendered with masculine qualities, yet social enterprise epitomizes caring a feminine quality. However enterprising practices may have little to do with gender. Consequently, the purpose of this paper is to examine practices using two very different explanatory theories, feminist and institutional theory, to establish the role played by gender. This study is situated in KP, the poor but traditional north of Pakistan. Utilising on an interpretive qualitative research approach, this research collected data through in-depth interviews with ten women social entrepreneurs of KP, Pakistan and analyzed using thematic analysis. Empirically, this paper identifies and describes on a number of interesting themes that relate to the women entrepreneurship such as 'women empowerment, patriarchal culture, role of culture and societal norms, religious extremism and terrorism, forced entrepreneurs, change creators, institutional corruption, and security issues'. In addition, female social enterprise in KP is set in a patriarchal, masculine culture, but the practices negotiate institutional obstacles to bring benefits to the disenfranchised. Finally, this research claims to present an original insight into female social entrepreneurship in a developing country context and provide fresh theoretical and empirical perspectives to advance knowledge and scholarship.

Keywords: female social entrepreneurship, institutional theory, feminist theory, developing countries

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Authors: Monika Zalewska

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Hans Kelsen was a versatile legal thinker whose achievements in the fields of legal theory, international law, and the theory of democracy are remarkable. All of the fields tackled by Kelsen are regarded as part of his “pure theory of law.” While the link between international law and Kelsen’s pure theory of law is apparent, the same cannot be said about the link between the theory of democracy and his pure theory of law. On the contrary, the general thinking concerning Kelsen’s thought is that it can be used to legitimize authoritarian regimes. The aim of this presentation is to address this concern by identifying the common ground between Kelsen’s pure theory of law and his theory of democracy and to show that they are compatible in a way that his pure theory of law and authoritarianism cannot be. The conceptual analysis of the purity of Kelsen’s theory and his goal of creating ideology-free legal science hints at how Kelsen’s pure theory of law and the theory of democracy are brought together. The presentation will first demonstrate that these two conceptions have common underlying values and meta-ethical convictions. Both are founded on relativism and a rational worldview, and the aim of both is peaceful co-existence. Second, it will be demonstrated that the separation of law and morality provides the maximum space for deliberation within democratic processes. The conclusion of this analysis is that striking similarities exist between Kelsen’s legal theory and his theory of democracy. These similarities are grounded in the Enlightenment tradition and its values, including rationality, a scientific worldview, tolerance, and equality. This observation supports the claim that, for Kelsen, legal positivism and the theory of democracy are not two separate theories but rather stem from the same set of values and from Kelsen’s relativistic worldview. Furthermore, three main issues determine Kelsen’s orientation toward a positivistic and democratic outlook. The first, which is associated with personality type, is the distinction between absolutism and relativism. The second, which is associated with the values that Kelsen favors in the social order, is peace. The third is legality, which creates the necessary condition for democracy to thrive and reveals that democracy is capable of fulfilling Kelsen’s ideal of law at its fullest. The first two categories exist in the background of Kelsen’s pure theory of law, while the latter is an inherent part of Kelsen’s concept of law. The analysis of the text concerning natural law doctrine and democracy indicates that behind the technical language of Kelsen’s pure theory of law is a strong concern with the trends that appeared after World War I. Despite his rigorous scientific mind, Kelsen was deeply humanistic. He tried to create a powerful intellectual weapon to provide strong arguments for peaceful coexistence and a rational outlook in Europe. The analysis provided by this presentation facilitates a broad theoretical, philosophical, and political understanding of Kelsen’s perspectives and, consequently, urges a strong endorsement of Kelsen’s approach to constitutional democracy.

Keywords: hans kelsen, democracy, legal positivism, pure theory of law

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Authors: Berceste Gülçin Özdemir

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The representation of women characters in cinema has been discussed for centuries. In cinema where dominant narrative codes prevail and scopophilic views exist over women characters, passive stereotypes of women are observed in the representation of women characters. In films shot from a woman’s point of view in Turkish Cinema and even in the films outside the main stream in which the stories of women characters are told, the fact that women characters are discussed on the basis of feminist film theories triggers the question: ‘Are feminist films produced in Turkish Cinema?’ The spaces that are used in the representation of women characters are observed to be used as spaces that convert characters into passive subjects on the basis of the space factor in the narrative. The representation of women characters in the possible surveillance spaces integrates the characters and compresses them in these spaces. In this study, narrative analysis was used to investigate women characters representation in the surveillance spaces. For the study framework, firstly a case study films are selected, and in the second level, women characters representations in surveillance spaces are argued by narrative analysis using feminist film theories. Two questions are argued with feminist film theories: ‘Why do especially women directors represent their female characters to viewers by representing them in surveillance spaces?’ and ‘Can this type of presentation contribute to the feminist film practice and become important with regard to feminist film theories?’ The representation of women characters in a passive and observed way in surveillance spaces of the narrative reveals the questioning of also the discourses of films outside of the main stream. As films that produce alternative discourses and reveal different cinematic languages, those outside the main stream are expected to bring other points of view also to the representation of women characters in spaces. These questionings are selected as the baseline and Turkish films such as Watch Tower and Mustang, directed by women, were examined. This examination paves the way for discussions regarding the women characters in surveillance spaces. Outcomes can be argued from the viewpoint of representation in the genre by feminist film theories. In the context of feminist film theories and feminist film practice, alternatives should be found that can corporally reveal the existence of women in both the representation of women characters in spaces and in the usage of the space factor.

Keywords: feminist film theory, representation, space, women directors

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Authors: Soliman Rosemary

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Despite the widespread movements towards democratization in most countries, women are still largely underrepresented at most levels of governments, especially in ministerial and other executive bodies. This paper is going to focus on the status quo of women political marginalization in Japan and the role social movements, feminist groups and campaigns play in raising the number of female politicians in administrative decision making process. The paper will raise some Japanese feminist groups such as ‘WIN WIN’ and ‘Q no Kai’ and other feminist groups as case studies. The study will help in furthering the understanding of women political empowerment in Japan and the strategies of contemporary social movements in raising the awareness of the importance of gender quota in the electoral system to be able to place new items on the political agenda that reflect and address women's gender-specific concerns, values and experiences, and providing new perspectives on mainstream political issues.

Keywords: feminist, political empowerment, quota, social movements

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Authors: Rafat Alwazna

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Technical lexicon is witnessing a large upsurge in the use of new terminologies whose emergence is an inevitable result of the spread of high-quality technology, the existence of scientific paradigms and the fast growth of research in different disciplines. One important subfield of terminology is legal terminology, which forms a crucial part of legal studies, and whose translation from one legal system into another is deemed a formidable and arduous task that needs to be properly performed by legal translators. Indeed, the issue of untranslatability of legal terms, particularly between originally unrelated languages, like legal Arabic and legal English, has long been a real challenge in legal translation. It stems from the conceptual incongruency between legal terms of different legal languages, which are derived from different legal cultures and legal systems. Such conceptual asymmetry is owing to the fact that law has no universal reference and that legal language is what determines the degree of difference in conceptual correspondence. The present paper argues that although conceptual asymmetry, which is the main reason for the issue of untranslatability of legal terms, cannot be denied in legal translation, there exist certain translation techniques which, if properly adopted, would resolve the issue of untranslatability of legal terms and therefore achieve acceptable legal translation. Hence, the question of untranslatability of legal terms should no longer exist within the context of legal translation.

Keywords: conceptual incongruency, Legal terms, translation techniques, untranslatability

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Authors: Wahyu Kurniawan

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Indonesia developed the legal system radically since 1999. Several laws have been established and mostly the result of transplantation. Laws were made general but legal problems have been growing. In the legal enforcement, the judges have authority to interpret the laws. Authority and freedom are the source of corruption by the courts in Indonesia. Therefore, it should be built the conceptual framework to interpret the transplanted laws as the legal basis in deciding the cases. This article describes legal development based on interpretation of transplanted law in Indonesia by using the Indonesian Supervisory Commission for Business Competition (KPPU) decisions between 2000 and 2010 as the object of the research. The study was using law as a system theory and theories of legal interpretation especially the static and dynamic interpretations. The research showed that the KPPU interpreted the concept that exists in the Competition Law by using static and dynamic interpretation. Static interpretation was used to interpret the legal concepts based on two grounds, minute of meeting during law making process and the definitions that have been recognized in the Indonesian legal system. Dynamic interpretation was used when the KPPU developing the definition of the legal concepts. The general purpose of the law and the theories of the basis of the law were the conceptual framework in using dynamic interpretation. There are two recommendations in this article. Firstly, interpreting the laws by the judges should be based on the correct conceptual framework. Secondly, the technique of interpreting the laws would be the method of controlling the judges.

Keywords: legal interpretation, legal transplant, competition law, KPPU

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Authors: Tracey Estriplet-Adams

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This paper focuses on the influence of maternal-fetal bonding by examining attachment theory, psycho-social-cultural influences/adaptations, and maternal well-being. A systematic review methodology was used to synthesize research results to summarize current evidence that can contribute to evidence-based practices. It explores the relationship between attachment styles, prenatal attachment, and perceptions of maternal-infant bonding/attachment six weeks postpartum. It also examines the protective factors of maternal-fetal attachment development. The research explores Bowlby's attachment theory and its relevance to maternal-fetal bonding with a Black Feminist Theory lens. Additionally, it discusses the impact of perceived stress, social support, and ecological models on maternal-fetal attachment. The relationship between maternal well-being, maternal-fetal attachment, and early postpartum bonding is reviewed. Moreover, the paper specifically addresses black mothers and maternal-fetal bonding, exploring the intersectionality of race, ethnicity, class, geographic location, cultural identities, and immigration status. It considers the role of familial and partner support, as well as the relationship between maternal attachment style and maternal-fetal bonding, within the framework of attachment theory and black feminist theory. Therefore, it is imperative to center Black women's voices in research, policy, and healthcare practices. Black women are experts in their own experiences and advocate for their autonomy in decision-making regarding maternal-fetal health. By amplifying their voices, we can ensure that interventions are grounded in their lived experiences.

Keywords: maternal-fetal bonding, infant well-being, maternal-infant attachment, black mothers

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Authors: T. Northcut, A. Rai, N. Perkins

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Background: The COVID-19 pandemic has had a serious impact on academia in general and social work education in particular, changing permanently the way in which we approach educating students. The new reality of the pandemic coupled with the much-needed focus on racism across the country inspired and required educators to get creative with their teaching styles in order to disrupt the power imbalance in the classroom and attend to the multiple layers of needs of diverse students in precarious sociological and economic circumstances. This paper highlights research examining educators with distinctive positionalities and approaches to classroom instruction who use feminist and antiracist pedagogies while adapting to online teaching during the pandemic. Despite being feminist scholars, whose ideologies developed during different waves of feminism, our commitment to having student-led classrooms, liberation, and equity of all, and striving for social change, unified our feminist teaching pedagogies as well as provided interpersonal support. Methodology: Following a narrative qualitative inquiry methodology, the five authors of this paper came together to discuss our pedagogical styles and underlying values using Zoom in a series of six conversations. Narrative inquiry is an appropriate method to use when researchers are bound by common stories or personal experiences. The use of feminist pedagogy in the classroom before and during the pandemic guided the discussions. After six sessions, we reached the point of data saturation. All data from the dialogic process was recorded and transcribed. We used in vivo, narrative, and descriptive coding for the data analytic process. Results: Analysis of the data revealed several themes, which included (1) the influence of our positionalities as an intersection of race, sexual orientation, gender, and years of teaching experience in the classroom, (2) the meaning and variations between different liberatory pedagogical approaches, (3) the tensions between these approaches and institutional policies and practices, (4) the role of self-reflection in everyday teaching, (5) the distinctions between theory and practice and its utility for students, and (6) the challenges of applying a feminist-centered pedagogical approach during the pandemic while utilizing an online platform. As a collective, we discussed several challenges that limited the use of our feminist pedagogical approaches due to instruction through Zoom.

Keywords: feminist, pedagogy, COVID, zoom

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Authors: Mehena Fedoul

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This paper examines the intersection of race, gender, and disability through a Critical disability race theory and black feminist disability perspective in Keah Brown's memoir, "The Pretty One." The background of the study highlights the significance of intersectionality in understanding the multifaceted experiences of individuals who navigate multiple marginalized identities. The study contributes to the underrepresented field of disability studies from Critical race and black feminist perspectives, shedding light on the unique challenges and resilience of black disabled women. The study employs a qualitative analysis of Keah Brown's memoir as a primary text. Drawing on intersectionality theory and black feminist disability scholarship, the analysis focuses on how Brown's memoir illuminates the ways in which her race, gender, and disability intersect and shape her lived experiences. The analysis reveals how Brown's memoir challenges traditional notions of disability, beauty, and empowerment through the unapologetic celebration of her blackness, femaleness, and disability. The major findings of the study indicate that Brown's memoir provides a powerful narrative of the complexity, uniqueness and richness of the lived experiences of black disabled women. It demonstrates how the intersectionality of race, gender, and disability shapes Brown's identity, body image, relationships, and societal interactions. The paper also highlights how Brown's memoir emphasizes the importance of inclusivity and intersectionality in understanding and addressing the challenges faced by black disabled women. In conclusion, this study offers a critical analysis of the intersection of race, gender, and disability in Keah Brown's memoir, "The Pretty One," from a black feminist disability perspective. It contributes to the growing body of literature that recognizes the significance of intersectionality in understanding the experiences of marginalized individuals in the disability community. The study underscores the need for more inclusive and intersectional perspectives in disability studies and advocates for greater recognition of the voices and experiences of black disabled women in academic and societal discourse.

Keywords: disability studies, intersectionality, black feminism, Keah Brown

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Authors: Nhac Thanh Huong

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Legal English, also known as Language of the Law (Mellinkoff, David. 2004), is an indispensable factor contributing to the development of legal field. At Hanoi Law University, legal English is a compulsory subject in the syllabus of legal English major; International Trade law and Fast-track law training program. The question that what obstacles students face with when dealing with legal English, however, has not been answered at that institution. Therefore, this present research, which makes use of survey questionnaires as the main method, aims to study the challenges of learning legal English from the students’ perspective, from which some useful solutions are drawn up to overcome these difficulties and improve the effectiveness of learning legal English. The results indicate notable difficulties arising from the level of general English skills, the characteristics of legal English and legal background knowledge. These findings lay a scientific foundation for suggesting some solutions for practical applications in teaching as well as learning legal English among both teachers and students.

Keywords: challenges, HLU, Legal English, students' perspective

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Authors: Patricia Amorim Da Silva

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This paper explores the ongoing process of decolonialism, focusing on addressing the lasting consequences of colonialism. Centred on identity within marginalized communities, the study challenges Eurocentric frameworks and advocates for diverse perspectives. Emphasizing critical self-awareness among researchers regarding biases in their work, decolonialism influences feminist theory and global counter-publics. At its core is the concept of epistemicide, the intentional suppression of knowledge in unequal cultural interactions. Colonial imposition has devalued local knowledge, contributing to cultural loss and undermining autonomy. The paper underscores the importance of reclaiming indigenous knowledge to revitalize local cultures and languages, particularly pertinent to the Brazilian context. This contribution to the discourse on decolonialism underscores the imperative to challenge prevailing narratives and empower historically subordinated communities. The study aspires to advance feminist theory and decolonial studies, fostering a more equitable and inclusive global society.

Keywords: decolonialism, colonial legacies, identity, Eurocentrism, epistemicide

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Authors: Adeshina Francis Akindutre, Adebolarin Adekanle

Abstract:

Sexual assault is often considered as the most extreme form of violence that degrades and humiliates women in society. It is a widespread public health and psychological problem in Nigeria. Criminologically, sexual assaults have been considered as one of the several violent crimes targeted specifically at women and perpetrated by men. This paper attempts to examine the types of sexual assaults in Nigeria, the strategies used by the offenders, the causes, the psychological effects on the victims and the possible solutions of sexual assaults. This work also, examines the law prohibiting sexual assault in Nigeria. The authors made use of three theories: the victim precipitation approach, the feminist approach, and the psychological approach which explain why sexual assault takes place in society. Finally, it takes the Stockholm Syndrome into consideration (the treatment of victims).

Keywords: feminist, victims, offenders, psychological, sexual assault, Stockholm Syndrome

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Authors: Kerry Mackereth

Abstract:

Kimberle Crenshaw’s theory of intersectionality has become immensely influential in the fields of women’s and gender studies. However, intersectionality’s widespread use among feminist scholars and activists has been accompanied by critiques of its reliance upon subject categorization. These critiques are of particular import when connected to Wendy Brown’s characterization of identity politics as static 'wounded attachments'. Together, these critiques show how the gridlock model proposed by intersectionality’s primary metaphor, the traffic accident at the intersection, is useful for identifying discrimination but not for remembering historical injustices or imagining feminist and anti-racist resistance. Through the lens of New Zealand Maori film, focusing upon Once Were Warriors (1994) and Whale Rider (2002), this article examines how wounded histories need not be passively reproduced by contemporaneously oppressed groups. Instead, the metaphor of the traffic intersection should be complemented by the metaphor of the wound. Against Brown’s characterization of wounded attachments as negative, static identities, Gloria Anzaldua’s account of the borderland between the United States and Mexico as “una herida abierta”, an open wound, offers an alternative reading of the wound. Through Anzaldua’s and Hortense Spillers’ political thought, the wound is reconceptualized as not only a site of suffering but also as a regenerative space. The coexistence of deterioration and regeneration at the site of the wound underpins the narrative arc of both Once Were Warriors and Whale Rider. In both films, the respective child protagonists attempt to reconcile the pain of wounded histories with the imagination of cultural regeneration. The metaphor of the wound thus serves as an alternative theoretical resource for mapping experiences of oppression, one that enriches feminist theory by balancing the remembrance of historical grievance with the forging of hopeful political projects.

Keywords: gender theory, historical grievance, intersectionality, New Zealand film, postcolonialism

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Authors: Yilin Wang, Ayumi Goto

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Although most females will experience menopause due to social value habits of cultural factors, some Chinese women may lack the confidence to talk about the problems they are experiencing while going through menopause. Also, sometimes the inappropriateness of medical terminology leads to panic when women face the symptoms associated with menopause. On top of that, when women avoid discussing menopause as a topic, others are less likely to pay attention to the needs of menopausal women as their bodies change. This research will compare the experience of Chinese menopausal women and diasporic Chinese women's perceptions of menopause. A qualitative study will be conducted by collecting and analyzing experiences and perceptions to compare differences in women's perceptions of menopause, considering cultural and social factors. In addition, the study will gather information on the differences in the conceptualization of menopause between the Chinese and Canadian medical fields. Co-design sessions will be held to establish how to bring menopause to the attention of people other than women. Furthermore, a support network for menopause women will be created through these co-design sessions. It is hoped that this research will contribute to a proper understanding of menopause and provide support for Chinese women. This research is built upon feminist standpoint theory and inclusive design theory. The results of this study will be presented in this paper.

Keywords: menopause, feminist standpoint theory, Chinese national & diasporic women, inclusive design

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Authors: Nadiya Didyk

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This thesis deals with the unique history of the emergence of the Ukrainian feminist movement. Ukrainian feminism is still in its making, so the field is under-investigated in general. Nevertheless, the perspective of political economy and the enabling and constraining effects of capitalist dynamics are almost absent from the research on the emergence and the development of the feminist movement in Ukraine. This research was inspired by Hetland and Goodwin’s approach and an attempt to test their approach on the case of the Ukrainian feminist movement. Hetland and Goodwin claim that many scholars tend to neglect political economy from analysis of feminism as a new social movements, namely because such movement are not about class or materialist concerns, and thus have no discernible connection to capitalism. Both scholars, however, point out that there at least four ways in which capitalism has been of high importance for any social movement. Accordingly, the following issues are analysed in this paper: capitalism as the facilitator of the emergence and development of Ukrainian feminism; the influence of class balance in society on the formation of the Ukrainian feminist movement, and the ways in which class divisions within the movement shape its goals and strategies. This paper also focuses on the role of capitalist institutions and free wage labour expansion in shaping collective feminist identities and solidarities. Specific attention is paid to the representativeness of women in the highest echelons in business and politics under the capitalist systems. This study shows that there is a significant hole in the literature regarding the feminist movement in Ukraine and aims to motivate further detailed research.

Keywords: feminism, hetland, goodwin, new soical movements, political economy

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Authors: Olga Koutsika

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The paper deals primarily with the question of the legal framework of non-orbital flights. The submission is based upon two pillars, starting with the ill-defined current legal regime and proceeding to further recommendations for the prospective legal regime for non-orbital flights. For this reason, the paper focuses on certain key legal aspects of the topic, including among other things liability, responsibility, jurisdiction, registration and authorisation. Furthermore, taking into consideration the hybrid nature of both the craft conducting non-orbital flights and of the flights themselves, which exit airspace but do not enter an orbit in outer space, the paper addresses each legal question from the perspective of both air law and space law and concludes to a number of recommendations regarding the applicability of each legal regime for each legal question individually.

Keywords: current regime, legal framework, non-orbital flights, prospective regime

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Authors: Ghada Ahmed

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Feminist translation is one of the strategies adopted in the field of translation studies when a gendered content is being rendered from one language to another, and this strategy has been examined in previous studies on written texts. This research, however, addresses the practice of feminist translation in audiovisual texts that are concerned with the screen, dialogue, image and visual aspects. In this thesis, the objectives are studying feminist translation and its adaptation in subtitling from Arabic into English. It addresses the connections between gender and translation as one domain and feminist translation practices with particular consideration of feminist translation strategies in English subtitles. It examines the visibility of the translator throughout the process, assuming that feminist translation is a product directed by the translator’s feminist position, culture, and ideology as a means of helping unshadow women. It also discusses how subtitling constraints impact feminist translation and how the image that has a narrative value can be integrated into the content of the English subtitles. The reasons for conducting this research project are to study language sexism in English and look into Arabic into English gendered content, taking into consideration the Arabic cultural concepts that may lose their connotations when they are translated into English. This research is also analysing the image in an audiovisual text and its contribution to the written dialogue in subtitling. Thus, this research attempts to answer the following questions: To what extent is there a form of affinity between a gendered content and translation? Is feminist translation an act of merely working on a feminist text or feminising the language of any text, by incorporating the translator’s ideology? How can feminist translation practices be applied in an audiovisual text? How likely is it to adapt feminist translation looking into visual components as well as subtitling constraints? Moreover, the paper searches into the fields of gender and translation; feminist translation, language sexism, media studies, and the gap in the literature related to feminist translation practice in visual texts. For my case study, the "Speed Sisters" film has been chosen so as to analyze its English subtitles for my research. The film is a documentary that was produced in 2015 and directed by Amber Fares. It is about five Palestinian women who try to break the stereotypes about women, and have taken their passion about car-racing forward to be the first all-women car-racing driving team in the Middle East. It tackles the issue of gender in both content and language and this is reflected in the translation. As the research topic is semiotic-channelled, the choice for the theoretical approaches varies and combines between translation studies, audiovisual translation, gender studies, and media studies. Each of which will contribute to understanding a specific field of the research and the results will eventually be integrated to achieve the intended objectives in a way that demonstrates rendering a gendered content in one of the audiovisual translation modes from a language into another.

Keywords: audiovisual translation, feminist translation, films gendered content, subtitling conventions and constraints

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Authors: Tajudeen Ojo Ibraheem

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In a world characterized by greed and the lust for power and its attendant trappings, abuse of legal power is nothing new to most of us. Legal abuses of power abound in all fields of human endeavour. Accounts of such abuses dominate the mass media and for the average individual, no single day goes by without his getting to hear about at least one such occurrence. This paper briefly looks at the meaning of legal power, what legal abuse is all about, its causes, and some of its manifestations in the society. Its consequences will also be discussed and some suggestions for reform will be made. In the course of the paper, references will be made to various jurisdictions around the world.

Keywords: abuse, legal, power, society

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Authors: Otto Kakhidze, Hoda Alkhzaimi, Adam Ramey, Nasir Memon

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This paper provides an alternative, cyber security based a conceptual framework for the ethics of automated warfare. The large body of work produced on fully or partially autonomous warfare systems tends to overlook malicious security factors as in the possibility of technical attacks on these systems when it comes to the moral and legal decision-making. The argument provides a risk-oriented justification to why technical malicious risks cannot be dismissed in legal, ethical and policy considerations when warfare models are being implemented and deployed. The assumptions of the paper are supported by providing a broader model that contains the perspective of technological vulnerabilities through the lenses of the Game Theory, Just War Theory as well as standard and non-standard defense ethics. The paper argues that a conventional risk-benefit analysis without considering ethical factors is insufficient for making legal and policy decisions on automated warfare. This approach will provide the substructure for security and defense experts as well as legal scholars, ethicists and decision theorists to work towards common justificatory grounds that will accommodate the technical security concerns that have been overlooked in the current legal and policy models.

Keywords: automated warfare, ethics of automation, inherent hijacking, security vulnerabilities, risk, uncertainty

Procedia PDF Downloads 328