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Regulating Women

Regulating Women

Sarah Cooper

(2016)

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Book Details

Abstract

A number of women’s issues serve to create novel policy problems that require creative, and sometimes unique, regulatory and legal responses. This book embarks upon a comparative case study approach to explore UK policymaking in the areas of abortion, rape, prostitution and pornography in turn. Each chapter engages a different institutional perspective to explore the influence of a range of bodies such as the legal system, medical profession, civil society, police force and mass media. The analysis reveals a common thread that runs throughout decision-making in these areas; a constant balancing act between regulation that purports to protect women, and regulation that supposedly reflects female liberation, with a continual dance between the labels of ‘criminal’ and ‘victim’ being performed by policy actors.

Largely reflective of a dogmatic approach to the status of women, it is argued that different institutions retain strongholds over policymaking in these domains, prohibiting a joined-up approach. This has served to perpetuate harmful and negative stereotyping of women’s issues and create countless conundrums when the activities of women fall into more than one policy category.
Sarah Cooper is Lecturer in Politics at the University of Exeter.
By examining the regulation of women in the UK, this fine book is foremost about gender issues and policy-making in the national setting. It is, however, also of great interest to students and scholars of European studies as it convincingly shows how a policy-area of strong national institutions and legacies is influenced by and respond to European integration, be it due to the free movement of women as the abortion chapter demonstrates or the ways in which supranational law and the open internet influences the regulation of pornography.
Dorte Sindbjerg Martinsen, Deputy Head and Professor of Political Science, University of Copenhagen
A welcome and timely addition to scholarly research on women’s experiences in the political, policy and regulatory landscape. This tour de force covers a breadth of issues on the status of women in policy institutions, the regulation of abortion, pornography and gender based violence. It offers a uniquely multi-disciplinary perspective drawing upon historical, sociological, feminist, political and governance frameworks to offer new insights on the social exclusion of women. Cooper provides a sound, empirical evidence base for improving policy and the quality of life for women.
Karen Johnston, Professor of Politics and Public Policy, Glasgow Caledonian University

Table of Contents

Section Title Page Action Price
Contents 7
Acknowledgements 9
List of Abbreviations 11
1 Analysing the Status of Women in UK Policymaking: How Do Institutions Matter? 13
1.1. Institutional Legacies and Policymaking 16
1.2. Addressing the Theoretical Core: Comparing Apples and Oranges? 21
1.3. Operationalizing the Multi-Variant Approach 24
1.4. Structure of the Book 29
Note 32
2 Hanging on to the Old: Path Dependency in UK Abortion Regulation 35
2.1. A Brief History: Crimes Against the Unborn 1200–1900 37
2.2. The 1967 Abortion Act 40
2.3. A Healthcare Treatment or Criminal Act? 43
2.4. Historical Barriers: Evidence-Based Policymaking and the Abortion Pill 54
2.5. The European Capital for Abortion 62
2.6. Conclusion 67
3 Balancing Protection and Prosecution: The Rationality of UK Prostitution Legislation 71
3.1. The Law on Prostitution: From ‘Street Offences’ to ‘Sexual Offences’ 73
3.2. The Policing and Crime Act 2009 76
3.3. A Public Nuisance or a Question of Labour Rights? 79
3.4. Political Self-Interest and Future Regulation: The Case of the Bradford Murders 89
3.5. Deriving Inspiration from Overseas: Neo-Abolitionism in Europe 97
3.6. Conclusion 99
4 Demanding a ‘Proper Victim’: The Culture of Rape Policy in the UK 101
4.1. Rape at Common Law: The Woman on Trial 103
4.2. The Sexual Offences Act 2003 107
4.3. A Probable Criminal or a Likely Victim? 109
4.4. Normative Order: The Fear of Coming Forward and Marital Rape 123
4.5. Reaching International Standards of Regulation across the EU 130
4.5. Conclusion 133
5 Welcoming Public Debate: Developing the Regulation of Pornography through Open Discussion 137
5.1. Regulating the Sale and Distribution of Pornography 139
5.2. Cameron’s Crackdown 143
5.3. Who Needs Protecting? 146
5.4. Altering the Dominant Discourse: Linking Violent Crime and Pornography 153
5.5. Supranational Law and the Open Internet 160
5.6. Conclusion 162
6 Conclusion: Harmful Stereotyping and Institutional Stronghold in the Regulation of Women’s Issues 165
6.1. Shedding Light on the ‘Black Box’ 167
6.2. Benefitting from a Multi-Variant Approach 171
6.3. Dispelling the Myths: Lessons for Practitioners and Towards a Gendered Lens 179
Bibliography 185
Index 209