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  • Laura Hoyano, Hoyano & Keenan's Child Abuse Law and Policy across Boundaries by Laura Hoyano (2nd edition (this edition being single authored by Laura Hoyano) Oxford University Press 2023) (forthcoming)
  • S Fredman, 'Gender Equality and Article 14 ECHR: Lady Hale's Contribution' in R. Hunter; E. Rackley (ed), Justice for Everyone (Cambridge University Press 2022)
    Lady Hale;s role in shaping discrimination law has been unparalleled. This chapter focues on her contribution to article 14 of the European Convention on Human Rights.
  • S Zaccour and Michaël Lessard, 'La culture du viol dans le discours juridique : soigner ses mots pour combattre les violences sexuelles' (2022) Canadian Journal of Women and the Law
    Is sexual assault: (1) sexual abuse; (2) a sexual affair; (3) a youthful indiscretion; (4) a deviance; or (5) none of the above? It is not always easy to navigate the issue of sexual violence. In a society marked by rape culture, unconscious biases can lead us to euphemize, romanticize, eroticize, excuse, and even encourage sexual violence. This article offers a linguistic perspective on sexual violence by examining the biases, stereotypes, and rape myths that permeate legal discourses. We discuss terms that trivialize sexual violence, such as “sexual abuse,” “stealing a kiss,” “fondling,” and “misconduct.” We also analyze victim-blaming language, sexist expressions that present rape as a “loss of control,” constructions that mask or erase violent men, as well as words that otherize or pathologize perpetrators. By examining rape culture specifically from the perspective of language or discourse, we provide lawyers with new tools to advance the fight against gender-based violence.
  • C Wallis, 'Law That Shapes Us: Contemporary Feminist Jurisprudence' (2022) Oxford Law Faculty (forthcoming)
    The task of assessing the impact of feminist approaches to the law and to legal institutions is not a simple one. As with many social justice movements, promising developments towards substantive gender equality in some parts of the world are counterbalanced by equally significant regressions elsewhere: the progress made towards securing the rights of women and girls has never advanced in a straight line. Feminist activism and jurisprudence too have evolved in waves, gradually incorporating and eventually recentring the lived realities of the most marginalised at the core of feminist thinking by adopting a dynamic, intersectional perspective on oppression. This article considers the shape that contemporary feminist legal theory and methodology have taken, before exploring key issues in which a feminist lens has been applied to the law. These examples span both the Global North and the Global South, including reproductive autonomy, and domestic abuse, as well as sexual harassment and the reverberations of #MeToo upon the criminal law and on defamation.
  • C Auckland and I Goold, 'Offsetting Damages in Wrongful Conception and Birth Cases: A Way Through the Post-McFarlane Mire' (2022) Law Quarterly Review (forthcoming)
  • U Chiu, 'Overprotecting professionals from ‘vexatious’ claims under the Hong Kong Mental Health Ordinance: The question of access to justice for persons with mental illness' (2022) 28 International Journal of Mental Health and Capacity Law 54
    Using Hong Kong’s mental health legislation as a case study, this article asks whether provisions in domestic mental health legal frameworks which seek to restrict the institution of legal proceedings against those working under such legislation may be justified, given the implications they have on the fundamental right to access to justice. Under section 69 of the Hong Kong Mental Health Ordinance, legal proceedings cannot be brought against anyone acting in pursuance of the Ordinance unless leave has been given by a court, and such leave shall not be given unless the court is satisfied there is a ‘reasonably arguable’ case of bad faith or negligence. Limited case law on section 69 and Hong Kong mental health jurisprudence in general indicate that this test is likely to be applied by judges stringently, with the result that mental health patients face a virtually insurmountable hurdle should they wish to bring actions against professionals for wrongful or negligent treatment under the Ordinance. The author argues that provisions such as section 69 are rooted in discriminatory stereotypes of persons with mental illness as particularly ‘vexatious’ litigants and constitute unjustified barriers to their right to equal access to the courts. In Hong Kong’s case, in particular, section 69 operates within and reinforces a broader legislative framework that is systemically discriminatory against those who fall under the compulsory mental health regime. As such, such provisions must be seriously reconsidered and reformed.
  • SR Ray, 'The Four College Rose Against Female Genital Mutilation Colloquium' (2022) Christ Church, College Life Blog
    On Friday 20th May 2022, feminist activists, scholars and students gathered together in Christ Church to raise awareness about female genital mutilation (FGM) and demonstrated collegial solidarity against this harmful practice in the form of creating art which became 'The Four College Rose'.
  • C Wallis, The Right to Early Childhood Learning Opportunities: International Law, Finland, Brazil and the UK (Oxford Pro Bono Publico 2022) (forthcoming)
  • Laura Hoyano, 'Victim of Trafficking: R v Brecani (Kevin)' [2022] Criminal Law Review 69 [Case Note]
    Comments on R. v Brecani (Kevin) (CA) on the admissibility of a conclusive grounds decision, accepting that the defendant was a victim of human trafficking, in a criminal trial. Considers the potential relevance of such decisions at various stages of criminal proceedings.
    ISBN: 0011135X
  • J Cooper and C Foster, When animals and humans clash: The science and law of human-animal conflict (Taylor & Francis 2022) (forthcoming)
  • I Goold and Kelly, Catherine, 'Who's Afraid of Imaginary Claims? Common Misunderstandings of the Origin of the Action for Pure Psychiatric Injury in Negligence 1888–1943' (2022) 138 Law Quarterly Review 58
  • J J W Herring, 'Relational Personhood' (2021) 1 Keele Law Review 24
    This article discusses the basis on which it is determined that something or someone has moral personhood. It rejects mainstream approaches which rely on intellectual attributes or membership of the human species as the markers of personhood. An approach based on intellectual abilities leads to a denial of the moral status of those with cognitive impairments. The emphasis on membership of the human species struggles to explain why such membership in itself generates moral status. Instead this article promotes the view that moral values is found in caring relationships. It argues that this better captures what we regard as morally valuable and reflects the true nature of what it is to be human. This approach is potentially very significant for lawyers because the law tends to promote the rights and well-being of individuals, considered in isolation. Instead we should be designing our legal system around the promotion of caring relationships.
  • J J W Herring and Charles Foster, Law as a Moral Agent (Springer 2021)
    This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?
  • Beverley Clough and J J W Herring, Disability, Care and Family Law (Routledge 2021)
  • J J W Herring, Criminal Law (12th ed Red Globe Press/ Macmillan 2021)
  • C O'Neill and C Foster, 'A right to health: A right granted and agreed, but limited or denied?' in C O'Neill, C Foster, J Herring and J Tingle (eds), Routledge Handbook of Global Health Rights (Routledge 2021)
  • Nigel Lowe, Gillian Douglas, Emma Hitchings and Rachel Taylor, Bromley's Family Law (12th OUP 2021)
    ISBN: 9780198806691