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This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women’s bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman’s value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women’s behavior and reproductive capacity. The Criminalization of a Woman’s Body thoroughly discusses these special laws governing women’s personal choices and the threats these laws and court decisions pose to women’s autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women’s studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women’s issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women’s bodies.
This anthology explores the ways in which women of color are monitored, criminalized and regulated.
In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.
Drawing on surveys and interviews with almost 300 female military personnel, Melissa Herbert explores how women's everyday actions, such as choice of uniform, hobby, or social activity, involve the creation and re-creation of what it means to be a woman, and particularly a woman soldier. Do women feel pressured to be "more masculine," to convey that they are not a threat to men's jobs or status and to avoid being perceived as lesbians? She also examines the role of gender and sexuality in the maintenance of the male-defined military institution, proposing that, more than sexual harassment or individual discrimination, it is the military's masculine ideology--which views military service as the domain of men and as a mechanism for the achievement of manhood--which serves to limit women's participation in the military has increased dramatically. In the wake of armed conflict involving female military personnel and several sexual misconduct scandals, much attention has focused on what life is like for women in the armed services. Few, however, have examined how these women negotiate an environment that has been structured and defined as masculine.
This is the first book to consider the moral regulation of the female body through an analysis of the crime of infanticide. An in-depth perspective from the nineteenth century to the present, Cossins provides a revealing insight into the history of a little-known but widespread social crime.
This third edition provides thoroughly updated information on the status of women in all aspects of the U.S. criminal justice system, from incarcerated women to professionals in the legal, law enforcement, and correctional fields. While concentrating on the present, Clarice Feinman traces changes in theories, goals, practices, and policies concerning women of different racial, ethnic, and socioeconomic backgrounds--be they offenders, professionals, or reformers--since 1800, with a focus on why changes occurred. This unique text is an important tool for filling gaps in information, continuity, and understanding of issues affecting women in the up-hill battle to transform this male-dominated system.
The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.
Cesare Lombroso is widely considered the founder of the field of criminology. His theory of the “born” criminal dominated discussions of criminology in Europe and the Americas from the 1880s into the early twentieth century. His book, La donna delinquente, originally published in Italian in 1893, was the first and most influential book ever written on women and crime. This comprehensive new translation gives readers a full view of his landmark work. Lombroso’s research took him to police stations, prisons, and madhouses where he studied the tattoos, cranial capacities, and sexual behavior of criminals and prostitutes to establish a female criminal type. Criminal Woman, the Prostitute, and the Normal Woman anticipated today’s theories of genetic criminal behavior. Lombroso used Darwinian evolutionary science to argue that criminal women are far more cunning and dangerous than criminal men. Designed to make his original text accessible to students and scholars alike, this volume includes extensive notes, appendices, a glossary, and more than thirty of Lombroso’s own illustrations. Nicole Hahn Rafter and Mary Gibson’s introduction, locating his theory in social context, offers a significant new interpretation of Lombroso’s place in criminology.
Legal, medical, and social regulation of pregnant women has been an understudied topic in sociology and criminology. While difficult to say how pervasive this phenomenon is, Paltrow and Flavin (2013) have the most comprehensive research on its magnitude. They documented 413 women who were civilly or criminally confined because of their pregnancies. My research sought to extend this work by understanding the processes, legal hurdles, and specific details of each woman's story as she came under scrutiny during her pregnancy. What was it about pregnancy that invoked the use of legal force to control a woman's body? How did doctors, nurses, and other medical professionals respond to women who had problematic pregnancies? Using 26 case studies of women who were criminalized based on their pregnant status, I examined the processes by which these women were regulated and why the regulation occurred. Although each case is unique, when taken as a whole, I found that the women were not trusted to make good decisions on behalf of their fetuses and that doctors, nurses, police, social workers, and judges intervened to take away their agency. Criminal and civil laws were mobilized against women to force them to conform to the wishes of these social control actors. I give several policy suggestions in order to effect change and argue that creating a culture of prevention would lead to better success at fostering good pregnancy behaviors and would ensure the goal of healthy children more than the current reliance on criminalization practices. I suggest that prevention, not regulation would be a better process for both the mother and the baby because it reduces actual harm, but also because it has practical economic implications and gives doctors the ability to do what they do best: practice medicine, not law.