Advertisement

Conclusion

Up from Under—Women, Law, Culture
  • Jocelynne A. ScuttEmail author
Chapter
  • 267 Downloads

Abstract

In drawing together the threads and themes of Women, Law and Culture, Jocelynne A. Scutt reflects upon the realities of history, whereby neither law nor culture has been kind to women. Globally, women’s rights have been ignored, while women have been overlooked or subjected to vilification, domination, subjugation and denial of identity. John Knox, in deploring ‘that monstrous band of women’ (1858), was affronted by women daring to stand up for themselves, speak up for themselves and claim rights for themselves, their daughters, their mothers and grandmothers, aunts and fellow women. He was not alone. His demand that women—weak, sick, blind, impotent, foolish, mad, frenetic as he contended, must be silent and silenced—simply followed the anti-woman sentiments of learned jurists such as Chief Justice Matthew Hale in his Pleas of the Crown (1736) and William Blackstone’s Commentaries on the Laws of England (1765–1769). Like law, culture has been and continues to be used as an excuse for forced and arranged marriage, genital mutilation, ukases for body and head-covering and denial of women’s agency. ‘Other’ cultures are not alone in enforcing subjugation upon women. Scutt points out that all cultures have at one time or another constrained women’s bodies, similarly all religions have dictated women’s dress and demeanour. She reflects on each of the chapters in Women, Law and Culture as they address issues of law, culture and demands for women’s conformity, the Contradiction of law and culture in their application to women and the conflicts confronting women in law and culture globally. For Scutt, culture and law collide with women who demand the right to be human, human rights as women’s rights and women’s rights as human rights.

Keywords

Hate Crime Reasonable Woman Urban Public Space Honour Crime Indian Penal Code 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Bibliography

  1. Astell, M. [1694] (2002). A serious proposal to the ladies for the advancement of their true and greatest interest (ed.: P. Springborg). Peterborough.: Broadview PressGoogle Scholar
  2. Astell, M. (1700). Some reflections upon marriage occasion’d by the Duke and Dutchess of Mazarine’s case; which is also consider’d. London: John Nutt. http://digital.library.upenn.edu/women/astell/marriage/marriage.html. Accessed 2 June 2016.Google Scholar
  3. Bio. (nd). Amelia Bloomer biography: publisher, women’s rights activist, journalist (1818–1894). People. Nostalgia. Celebrity. http://www.biography.com/people/amelia-bloomer-9216245. Accessed 2 June 2016.
  4. Blackstone, W. [1765] (1793). Commentaries on the laws of England (vol. 1). London: T. Tegg.Google Scholar
  5. The Burqah Debates.www.theburqahdebates.com/ Accessed 2 June 2016.
  6. Child, B. (2015, May 21). Maggie Gyllenhaal: at 37 I was ‘too old’ for role opposite 55-year-old man. https://www.theguardian.com/film/2015/may/21/maggie-gyllenhaal-too-old-hollywood. Accessed 2 June 2016.
  7. Dhegahn, S. K., & Norton-Taylor, R. (2013, August 19). CIA admits role in 1953 Iranian coup. https://www.theguardian.com/world/2013/aug/19/cia-admits-role-1953-iranian-coup. Accessed 2 June 2016.
  8. Dyer, E. (2015). ‘Honour’ killings in the UK. London.: Henry Jackson Society http://henryjacksonsociety.org/wp-content/uploads/2015/01/Honour-Killings-in-the-UK.pdf. Accessed 2 June 2016.Google Scholar
  9. Forell, C.A. & Matthews, D.M. (2000). A Law of Her Own. A Reasonable Woman as a Measure of Man. NY, US: New York University Press.Google Scholar
  10. Gill, A., Strange, C., Roberts, K. (Eds.) (2014). ‘Honour’ killing & violence—theory, policy & practice. Basingstoke: Palgrave Macmillan.Google Scholar
  11. Hays, M. (1803). Female Biography, or memoirs of illustrious and celebrated women of all ages and countries, alphabetically arranged. London: Richard Phillips. https://archive.org/details/femalebiography06haysgoog. Accessed 2 June 2016.Google Scholar
  12. Jex-Blake v. Senatus of University of Edinburgh. (1873) 11 M. 784.Google Scholar
  13. Kramer, H., & Sprenger, J. [1487] (2007). The Malleus Maleficarum (Hammer of witches). British Columbia: UBC Press.Google Scholar
  14. Mackinnnon, C. (1994). Wome’s lives, men’s laws. Mass,: Belknap Press.Google Scholar
  15. Mulherin, L. (2016, April 15). Sisters or mother-daughter duo? Plastic pair reveal how much they’ve spent under the knife. Express. http://www.express.co.uk/life-style/life/661393/plastic-surgery-mother-daughter-channel-5-my-mum-hotter-than-me-reveal-60000-surgery. Accessed 2 June 2016.
  16. Mulvey, L. (1999). Visual pleasure and narrative cinema. In L. Braudy and M. Cohen (Eds.), Film theory and criticism: introductory readings (pp. 833–844). New York: OUP.Google Scholar
  17. NBC News. (2013, March 19). Iraq war 10 years later where are they now? Lynndie England Abu Ghraib. World News. http://worldnews.nbcnews.com/_news/2013/03/19/17373769-iraq-war-10-years-later-where-are-they-now-lynndie-england-abu-ghraib. Accessed 2 June 2016).
  18. Osland v. R. (1998, December 10). HCA 75; 197 CLR 316; 159 ALR 170; 73 ALJR 173. http://www.austlii.edu.au/au/cases/cth/HCA/1998/75.html. Accessed 2 June 2016.
  19. Otterson, J. (2015, May 21). 11 leading ladies who have spoken out against ageism, sexism in Hollywood (Photos). The Wrap. http://www.thewrap.com/11-leading-ladies-who-have-spoken-out-again-ageism-sexism-in-hollywood-photos/ Accessed 2 June 2016.
  20. Piercy, O. (2016, July 11). May’s inquiry into sharia courts is not fit for purpose. Times. http://www.thetimes.co.uk/redbox/topic/tory-leadership-race/mays-inquiry-into-sharia-courts-is-not-fit-for-purpose. Accessed 12 July 2016.
  21. Reddy, R. (2014). Domestic violence or cultural tradition? Approaches to ‘honour killing’ as species and subspecies in English legal practice. In A. K. Gill, C. Strange, K. Roberts (Eds.), ‘Honour’ Killing & Violence – Theory, Policy & Practice (pp. 27–45). Basingstoke: Palgrave Macmillan.Google Scholar
  22. Scutt, J. A. (1985). Growing up feminist—the new generation of Australian women. Sydney: Angus & Robertson.Google Scholar
  23. Scutt, J. A. (Ed.) (1992a). Dangerous women. In Breaking Through – Women, Work and Careers (pp. 1–7). Melbourne: Artemis.Google Scholar
  24. Scutt, J. A. (Ed.) (1992b). ‘Ordinary’ or ‘extraordinary’ women. In As a Woman- Writing Women’s Lives (pp. 1–8). Melbourne: Artemis.Google Scholar
  25. Scutt, J. A. (Ed.) (1994). Glorious age—growing older gloriously (pp. 1–9). Melbourne: Artemis.Google Scholar
  26. Scutt, J. A. (2007). Wage rage—the long, long struggle for equal pay and pay equity. Sydney: UNSW.Google Scholar
  27. Scutt, J. A. (2011). Police, prosecution, courts and wartime demonstrations: Adela Pankhurst in the Australian high court. Denning Law Journal, 23(1), 65–91.Google Scholar
  28. Scutt, J. A. (2016). Women and Magna Carta—a treaty for rights or wrongs. Basingstoke: Palgrave.CrossRefGoogle Scholar
  29. Sedghi, S. (2014). Register documents rising violence against Muslim women in Australia. ABC Radio. http://www.abc.net.au/worldtoday/content/2014/s4093692.htm. Accessed 2 June 2016.
  30. Stewart, D. (2016, January 23). Kansas lawmaker’s women’s attire rule for testifying witnesses raises hackles. CNN. http://edition.cnn.com/2016/01/23/us/kansas-women-dress-code-court/ Accessed 2 June 2016.

Copyright information

© The Author(s) 2016

Authors and Affiliations

  1. 1.University of BuckinghamBuckinghamUK

Personalised recommendations