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Intersectional Discrimination
by Shreya AtreyThis book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
Intersectional Discrimination
by Shreya AtreyThis book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
An Intersectional Feminist Theory of Moral Responsibility (Routledge Studies in Ethics and Moral Theory)
by Michelle CiurriaThis book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices. This is the first book to provide an explicitly intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces. An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory.
An Intersectional Feminist Theory of Moral Responsibility (Routledge Studies in Ethics and Moral Theory)
by Michelle CiurriaThis book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices. This is the first book to provide an explicitly intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces. An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory.
Intersectionality: A Foundations And Frontiers Reader
by Patrick R. GrzankaA Foundations And Frontiers Reader
Intersectionality: A Philosophical Framework (The Romanell Lectures)
by Naomi ZackIn Intersectionality, philosopher Naomi Zack presents a novel philosophical account of intersectionality - the process by which people already oppressed, experience more oppression because of their intersecting identities. Examples include women who experience racism or poor people who are under-served. Identifying such intersections allows for more precise analysis of oppression, as well as newly recognized identities, such as blackwomen or homeless people of colour. Zack here explores the meaning of intersectionality through analysis of current events and controversies including the #MeToo movement, the COVID-19 pandemic, and class opportunities for minorities in higher education. Her analysis develops a robust definition of intersectionality in terms of inclusion, recognition, and diversity; works out ontological issues about the relationship between persons, labels, and identity; explores the distinction between abstract philosophical thinking and activism; and discusses how intersectionality can be an effective basis for empowerment, as well as understanding. Zack's distinctively philosophical account explains how intersectionality, considered as a method of analysis, works and can be employed in many areas of progressive thought across varying disciplines. She concludes that identifying and challenging the injustice of oppressions logically requires a broad humanistic framework, that intersectionality cannot be reduced to mere talk of diversity and inclusion, and that intersectionality itself is a progressive method of analysis worthy of philosophical attention.
Intersectionality: A Philosophical Framework (The Romanell Lectures)
by Naomi ZackIn Intersectionality, philosopher Naomi Zack presents a novel philosophical account of intersectionality - the process by which people already oppressed, experience more oppression because of their intersecting identities. Examples include women who experience racism or poor people who are under-served. Identifying such intersections allows for more precise analysis of oppression, as well as newly recognized identities, such as blackwomen or homeless people of colour. Zack here explores the meaning of intersectionality through analysis of current events and controversies including the #MeToo movement, the COVID-19 pandemic, and class opportunities for minorities in higher education. Her analysis develops a robust definition of intersectionality in terms of inclusion, recognition, and diversity; works out ontological issues about the relationship between persons, labels, and identity; explores the distinction between abstract philosophical thinking and activism; and discusses how intersectionality can be an effective basis for empowerment, as well as understanding. Zack's distinctively philosophical account explains how intersectionality, considered as a method of analysis, works and can be employed in many areas of progressive thought across varying disciplines. She concludes that identifying and challenging the injustice of oppressions logically requires a broad humanistic framework, that intersectionality cannot be reduced to mere talk of diversity and inclusion, and that intersectionality itself is a progressive method of analysis worthy of philosophical attention.
Intersectionality and Beyond: Law, Power and the Politics of Location (Social Justice)
by Emily Grabham Davina Cooper Jane Krishnadas Didi HermanThis collection addresses the present and the future of the concept of intersectionality within socio-legal studies. Intersectionality provides a metaphorical schema for understanding the interaction of different forms of disadvantage, including race, sexuality, and gender. But it also goes further to provide a particular model of how these aspects of social identity and location converge – whether at the level of subjectivity, everyday life, in culture or in the institutional practices of state and other bodies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory, and cultural studies.
Intersectionality and Beyond: Law, Power and the Politics of Location (Social Justice)
by Emily Grabham Davina Cooper Jane Krishnadas Didi HermanThis collection addresses the present and the future of the concept of intersectionality within socio-legal studies. Intersectionality provides a metaphorical schema for understanding the interaction of different forms of disadvantage, including race, sexuality, and gender. But it also goes further to provide a particular model of how these aspects of social identity and location converge – whether at the level of subjectivity, everyday life, in culture or in the institutional practices of state and other bodies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory, and cultural studies.
Intersections in International Cultural Heritage Law (Cultural Heritage Law and Policy)
by Anne-Marie Carstens, Elizabeth VarnerThe recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.
Intersections in International Cultural Heritage Law (Cultural Heritage Law and Policy)
The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.
The Intersections of Family Violence and Sexual Offending (Routledge Studies in Crime and Society)
by Gemma Hamilton Patrick TidmarshOften examined separately, this timely volume provides a detailed exploration of the nexus between family violence and sexual offending. Recognising family and sexual violence as highly interrelated issues, it uncovers the challenges and paradoxes of addressing them as separate versus coinciding problems. What is lost and gained when we treat family violence and sexual offending according to the same framework? Light is shed on the nature and dynamics of offending; various terminology (e.g., domestic abuse, intimate partner violence, grooming, coercive control); political and policy contexts; myths and misconceptions; policing and investigative responses; children as overlooked victim-survivors; and the punishment and treatment of offenders. Drawing on international literature, case studies, and stakeholder interviews, the book encourages critical consideration to inform future policy, practise, and research, ultimately prompting stronger approaches to reflect victim-survivors’ realities and needs. The book is relevant to the work of professionals in the social service and criminal justice sectors (e.g., police, policymakers, social workers, advocates, and counsellors), and will be of key interest to researchers and students in diverse academic fields such as criminology, forensic psychology, social work, and socio-legal studies.
The Intersections of Family Violence and Sexual Offending (Routledge Studies in Crime and Society)
by Gemma Hamilton Patrick TidmarshOften examined separately, this timely volume provides a detailed exploration of the nexus between family violence and sexual offending. Recognising family and sexual violence as highly interrelated issues, it uncovers the challenges and paradoxes of addressing them as separate versus coinciding problems. What is lost and gained when we treat family violence and sexual offending according to the same framework? Light is shed on the nature and dynamics of offending; various terminology (e.g., domestic abuse, intimate partner violence, grooming, coercive control); political and policy contexts; myths and misconceptions; policing and investigative responses; children as overlooked victim-survivors; and the punishment and treatment of offenders. Drawing on international literature, case studies, and stakeholder interviews, the book encourages critical consideration to inform future policy, practise, and research, ultimately prompting stronger approaches to reflect victim-survivors’ realities and needs. The book is relevant to the work of professionals in the social service and criminal justice sectors (e.g., police, policymakers, social workers, advocates, and counsellors), and will be of key interest to researchers and students in diverse academic fields such as criminology, forensic psychology, social work, and socio-legal studies.
Intersections of Law and Culture at the International Criminal Court
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of ‘culture’ at the ICC, the book puts forward recommendations to aid the Court’s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.
Intersections of Law and Memory: Influencing Perceptions of the Past
by Mirosław Michał SadowskiThis book elaborates a new framework for considering and understanding the relationship between law and memory.How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation.This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
Intersections of Law and Memory: Influencing Perceptions of the Past
by Mirosław Michał SadowskiThis book elaborates a new framework for considering and understanding the relationship between law and memory.How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation.This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
Intersemiotic Legal Translation (Law and Visual Jurisprudence #11)
by Olimpia G. LoddoThe translation of legal documents in today’s globally interconnected world calls for novel approaches to overcoming traditional language barriers. The verbal language used in legal documents can be accompanied or even replaced by various types of semiotic resource, such as symbols, diagrams, and icons, while the advancement of digital tools and the introduction of new technologies offer those drafting contracts and other legal documents access to an ever-expanding toolbox for the translation process.This book makes a significant contribution to the existing literature on legal translation and intersemiotic translation by sharing valuable insights and opening up new avenues of inquiry, fostering further exploration of this evolving domain and enabling practitioners to use these diverse communication tools responsibly and effectively.Given the book’s structured multidisciplinary approach and extensive analyses of the characteristics of intersemiotic legal translation, its potential, and the complexities that arise at the intersection of law, language, and semiotics, it will appeal to legal practitioners, translators, semiotic scholars, and legal philosophers alike.Whether you are a legal professional aiming to expand your expertise, an academic seeking a new research direction, or are simply intrigued by the fascinating interplay of law, language, and semiotics, this book offers a valuable resource that sheds light on the unique dynamics of translating legal concepts using approaches other than traditional verbal communication. As such, it is an essential read for anyone who is interested in the changing landscape of law, language, and translation.
Intersex Embodiment: Legal Frameworks beyond Identity and Disorder (Law, Society, Policy)
by Fae Garland Mitchell TravisThis book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.
Intersex Embodiment: Legal Frameworks beyond Identity and Disorder (Law, Society, Policy)
by Fae Garland Mitchell TravisThis book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.
Intersex Rights: Living Between Sexes
by Nikoletta PikramenouThis book addresses intersex rights violations and analyses intersex people’s legal demands as expressed by intersex activists themselves and delivered through statements and reports issued by intersex rights organisations, the United Nations and the Council of Europe. Intersex people are born with sex characteristics that do not fit typical notions of male or female bodies, as a result of which they are stigmatised, marginalised and denied the recognition of their fundamental rights. Often, they are subjected to involuntary and harmful sex “normalising” surgeries at birth, which violate their bodily integrity, self-determination and informed consent, so as to comply with societal and legal norms.Moreover, binary legal frameworks prevent them from enjoying the rights to access identification documents, start a family, or be free from discrimination in all areas including employment and sports. To elaborate on intersex violations that emanate from binary laws, this book examines the situation of intersex rights in regional jurisdictions worldwide and within the European Union in particular. In the process, it identifies current legal barriers and suggests how intersex people could be accommodated under legal frameworks and achieve sex/gender equality beyond binary definitions.
Intersex, Theology, and the Bible: Troubling Bodies in Church, Text, and Society
by Susannah CornwallIntersex bodies have been figured as troubling by doctors, parents, religious institutions and society at large. In this book, scholars draw on constructive and pastoral theologies, biblical studies, and sociology, suggesting intersex's capacity to 'trouble' is positive, challenging unquestioned norms and assumptions in religion and beyond.
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (Studies in International Law)
by Julian WyattIntertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time.A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand.Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (Studies in International Law)
by Julian WyattIntertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time.A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand.Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.
Interurban Road Charging for Trucks in Europe (ISSN #Volume 11)
by Jose ViegasCharging for the use of transport infrastructure has very different traditions in the various modes, reflecting the different nature of their infrastructure (nodal vs. linear), but also different historical traditions of open access, system integration, etc.Since the early 90's various European Commission initiatives took on this issue, looking mainly at the road sector, where many countries had no (direct) access charges. Heavy goods vehicles were systematically identified as the primary targets for a renewed approach to this problem.What seemed an easy catch has proved to be much harder, with the various countries adopting almost exclusively national approaches, and the European institutions unable to drive the process.This book looks at the challenges posed by this objective, recognising that there are multiple objectives for application of road tolls and charges, and discussing the various possible solutions, in the technical, institutional and legal dimensions. The multiplicity of national situations in Europe is put in perspective, the impacts of various charging schemes on regional development and on the environment are estimated, and the recent policy process is analysed, allowing a global view of the remaining difficulties and to make recommendations about the next steps in the process.
Intervention and Sovereignty in Africa: Conflict Resolution and International Organisations in Darfur (International Library of African Studies)
by Irit BackIn response to the civil war in Darfur, the African Mission in Sudan (AMIS) force was established in May 2004, and by June its first contingents were on the ground. For the first time since the founding of the African Union, a resolution about direct intervention in a conflict that involved wide-ranging abuse of human rights was accepted on a pan-continental level. Here, Irit Back looks at the changes in attitudes towards the ever-problematic tension between the concepts of humanitarian intervention and state sovereignty, using the example of the African Union's intervention in Darfur to illustrate this unique pan-continental approach to conflict resolution and peace-keeping. Additionally, Back analyses the challenges which international task forces, including AMIS and its successor the United Nations-African Union Mission in Darfur (UNAMID), have faced ever since. Including an examination of the situation in the wake of the declaration of independence of South Sudan in 2011, this book offers a unique perspective on the problem of internationally organised intervention in local conflicts.