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Passing the Buck: Unpaid Care, Precarious Work and the Children and Families Bill 2013
My current research focuses on gaps in UK law which exclude women in precarious work from using work-life balance mechanisms. UK government policy-makers currently use two key strategies to address women's care commitments and participation in the paid labour market. First, recent New Labour and Coalition governments have promoted flexible work as a means of managing unpaid care commitments alongside paid employment. Yet flexibility often produces precarious work conditions and does very little to resolve underlying gender inequalities in the quality, remuneration, and longevity of women's paid work. Second, women and other carers have been provided with employment equality rights, for example to request flexible work, with the aim of changing working environments to accommodate a wider range of working patterns. Yet, these rights consistently benefit women in relatively permanent, professional jobs and for legal and other reasons, exclude the workers who need them most: precarious workers, whose status within the workplace is often low and whose ability to negotiate work around care is compromised. This is even more of a problem for those entering the labour market as a result of conditionality requirements in new welfare legislation. I am working on a three-year, ESRC-funded project, which combines doctrinal analysis of UK labour and equality law with empirical socio-legal research on the experiences of female precarious workers in managing work and care. In this paper, I outline preliminary findings from the research, focusing in particular on legal gaps in work-life balance provision, with the hope of analysing those gaps in context once empirical research is complete. My aim overall is to asess how work-life balance measures operate (or not) for those who need them the most
Peter Squires and John Lea (eds), Criminalisation and Advanced Marginality: Critically Exploring the Work of Loic Wacquant
Introduction: Feminist Jurisprudence and the Question of Home
A seminar on 'Feminist Jurisprudence and the Question of Home', convened by Dr Ann Genovese, was held at Melbourne Law School, University of Melbourne on 6 September 2013, under the auspices of the Institute for International Law and the Humanities. Questions asked included: How and to what extent can we use ‘home’ as a conceptual framing for the law, and what does the choice to do so suggest for the conduct of jurisprudence? In the seminar, feminist legal scholars interrogated some of the meanings of home, to consider what work it can (or cannot do) for contemporary inquires about state and status, nation and place, inclusion and exclusion. This section of the journal presents a mix of audio recordings, powerpoint slides and written papers from the seminar. The papers, by offering different accounts of ‘home’, remind us of the necessity for feminist thinking as a part of jurisprudential practice. Further details of the seminar can be found at http://www.law.unimelb.edu.au/melbourne-law-school/news-and-events/news-and-events-details/diaryid/7355
Concluding Remarks
In her concluding remarks on the seminar, Ann Genovese reflects on how the papers speak to each other, and what they offer to feminist jurisprudence
About the Artist
The cover artist for this issue is Hannah Tiernan, who is currently studying art at the National College of Art and Design, Dublin. She works mainly in sculpture, installation and photography. The photograph is part of an installation piece consisting of a large scale mono print on calico. In front hangs a muslin sheet imprinted with footprints and reflecting a projected series of fallen angles. For further information on the project, click on the attached document. More of Hannah Tiernan's work is on show at: https://www.facebook.com/HannahTiernanArtist?ref=stream
Introduction
The 2012 Law and Society Association Annual Meeting included an author-meets-readers session devoted to Emma Cunliffe's book Murder, Medicine and Motherhood (Oxford: Hart Publishing, 2011). The book concerns the trial and (in Cunliffe's view wrongful) conviction of Kathleen Folbigg in NSW, Australia, for the deaths of her four children. Following the session, we invited members of the panel to write up their comments for feminists@law. We are pleased to publish here reflections on the book by Eve Darian-Smith and Mehera San Roque, and a response by Emma Cunliffe. Darian-Smith's review focuses on Cunliffe's exemplary socio-legal methodology, while San Roque's commentary focuses on the issues of expert evidence, the (inadequate) restrictions on the introduction of tendency and coincidence evidence, and the gendered nature of this evidence in the trials of several women accused of killing their children. In her response, Cunliffe discusses the various contingencies that resulted in her PhD being centred on the Folbigg case, and ponders the ethical position of the researcher who comes to believe that she has uncovered a miscarriage of justice
'Don't Read the Comments!' Reflections on Writing and Publishing Feminist Socio-Legal Research as a Young Scholar
Utopias, Dystopias and the Changing Lawscapes of Social Housing
This paper provides an account of the design and development of the Spa Green Estate in North London. It describes the utopian aspirations for housing the working class of the radical 1930s Finsbury Council and the architect it employed, Berthold Lubetkin. It goes on to examine the political and popular discrediting of social housing from the 1970s and the consequent present day complexity of tenures and regulation on the estate. The account is placed in the context of the emergence of the claim that home ownership provides the appropriate solution for the housing of the working poor. It uses concepts of lawscape, utopia and scale to demonstrate how law is implicated in the dismantling of one utopian project and its replacement with another and the difficulties that law has in addressing the inevitable injustices that emerge from this process. Its feminism lies in its acknowledgement of social housing (despite its patriarchal origins) as an important point of access for women to the emancipation of the city and as a critical space for imagining ways to live other than those determined by the market
Queer Migration Politics: Activist Rhetoric and Coalitional Possibilities
Karma Chavez's forthcoming book, Queer Migration Politics, suggests that neither the inclusionary politics of the mainstream US LGBT rights movement nor the utopian turn in some queer theory sufficiently capture the possibilities for queer politics in this moment. Drawing on the rhetoric of activists working at the various intersections and convergences of queer and immigration rights and justice, Chávez advocates that coalition is a productive alternative to both inclusionary and utopian approaches, even as coalitional approaches sometimes draw upon them both. In this talk, Chavez sketches the main arguments in the book and discusses some of the key case studies from activist rhetoric in the contemporary United States. A podcast of the lecture can also be found on the Decolonizing Sexualitie Network website at http://www.decolonizingsexualities.org/karma-chavez-lecture/