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

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

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

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

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

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

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

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

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