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    Feminist Legal Studies

    Feminist Legal Studies

    JournalISSN 0966-3622eISSN 1572-8455中科院 社会学 3区

    年发文量

    研究主题

    论文(838)

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    1A Jurisprudence Still Being Written: Fineman’s Trinity Lectures and the Vulnerable Subject
    Helena Moradi
    2026
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    2‘Hymen Checks’ – Assessing the Use of Two-Finger Tests in India’s Judicial Discourse on Rape
    Aradhana Cherupara Vadekkethil

    Two-finger test refers to the physical examination of female genitalia for the purpose of determining virginity. This colonial-era test is invasive and degrading, has no scientific basis, and can neither prove nor disprove allegations of rape. In 2013, the Indian Supreme Court emphasised that this archaic test violates the right to privacy, bodily integrity and dignity of the rape prosecutrix. This article assesses the use of these tests in 1,908 judgments of rape by studying district court judgments from Delhi and Kerala and high court judgments in India. The data analyses show that two-finger test continues to find a mention in some judgments, revealing a lack of respect for women’s bodily autonomy and exposing their unfair treatment within the legal system. Such an implementation gap exposes how even landmark Supreme Court precedents in India are not sufficiently powerful to dislodge the deep-rooted androcentric assumptions about ‘ideal’ rape victims.

    2026
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    3Equality Law Taken out of Context: an Analysis of for (some) Women Scotland
    Lena Holzer

    The judgment of the Supreme Court of the United Kingdom in For Women Scotland v Scottish Ministers (FWS) in 2025 has created significant ripple effects for trans persons. Departing from dominant interpretations of the Equality Act 2010 (EA 2010), the Court decided that “sex” means “biological sex” under the EA 2010. By drawing on European equality and human rights law, alongside feminist and queer understandings of sex and gender, this article analyses how the Court reached its decision. It concludes that the Court largely failed to consider both the context in which the EA 2010 was adopted and the socio-political climate of its decision. This produced an abstract judgment, rather than one addressing structural inequalities, and disregarded the influence of European Union Law on the EA 2010. By ignoring the real-life effects of FWS on trans persons in the context of 2025, the Court also sidelined human rights analysis. It produced a judgment out of context.

    2026
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    4Rethinking Risk: Feminist and Intersectional Interventions in AI Risk Frameworks under the AI Act
    Anastasia Karagianni,Alessandra Calvi

    Theories of risk in law and regulation often presume a universal, gender-neutral subject, obscuring how risk is shaped by intersecting structures of gender, race, class, and sexuality. Drawing on feminist and intersectional scholarship, this article reconceptualises risk as relational, systemic, and institutional phenomenon rather than an individual attribute. It argues that the European Union’s Artificial Intelligence Act (AIA, Regulation 2024/1689) adopts a gender-blind model of risk. While the AIA addresses discrimination, its tiered risk taxonomy and compliance mechanisms fail to engage meaningfully with gender-based violence, collective vulnerabilities and the disproportionate harms experienced by women, LGBTQIA+ people, and sex workers. This article critiques the epistemic monoculture (Rist et al. 2004) embedded in AIA and the General Data Protection Regulation (GDPR), which privileges technical and individualised assessments of harm while marginalising feminist and experiential knowledge. It proposes a feminist, relational framework for AI risk governance centred on structural inequality, institutional responsibility, and meaningful participation by affected communities.

    2026
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    5The Mazan Case and the Logic of Masculinist Protection Underlying Patriarchal Legal Systems
    Sophie Duroy

    This article offers a feminist socio-legal analysis of the Mazan case—the 2024 trial of 51 men for the rape of Gisèle Pelicot in France—and the 2025 consent law reform it inspired. Combining feminist legal theory, critical legal analysis, and situated reflection, it examines how patriarchal societies and legal systems convert gendered violence into narratives of protection and progress. Drawing on Iris Marion Young’s analysis of the logic of masculinist protection, the article shows how law, politics, and public discourse surrounding the case reproduced the patriarchal bargain that casts men and the state as protectors while shielding them from accountability. Through analysis of the myth of the “good man”, judicial responses to sexual violence, hierarchies of victims, and the structural affinities between patriarchal and security logics, the article argues that the Mazan case offered only the illusion of remedy, confirming the patriarchal system it appeared to challenge.

    2026
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    高被引作者

    作者引用发文
    Sherene Razack5443
    Clare McGlynn5019
    Ruth Alice Houghton3551
    Doris Buss2825
    Emilie Marie Hafner Burton1991
    Mark A. Pollack1991
    Mariana Valverde1921
    Illan Wall1893
    Aisha K. Gill1722
    Vanessa Eveline Munro1697

    高产作者

    作者引用发文
    Joanne Conaghan15218
    Ralph Sandland11012
    Fletcher Ruth10012
    Yvette Russell7910
    Rosemary Auchmuty5510
    Clare McGlynn5019
    Rosemary Hunter1299
    Hazel Biggs439
    Simone Wong99
    Karin Van Marle178

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