Clare Mcglynn
Dados Biográficos
| ID | 3991178 |
|---|---|
| NOME | Clare Mcglynn |
| PRENOMES | Clare |
| SOBRENOME | Mcglynn |
| ASSINATURA | MCGLYNN C |
| AFILIAÇÕES | Durham University |
| ORCID | 0000-0002-6186-0333 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 33 |
| TOTAL DE CITAÇÕES | 196 |
| TOTAL COMO AUTOR | 30 |
| TOTAL COMO EDITOR | 3 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1996 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 6 |
Online and technology-facilitated violence against women
In the rapidly evolving landscape of online and technology-facilitated violence, the Platform of independent expert mechanisms on discrimination and violence against women (the EDVAW Platform) plays a key role in bringing together international and regional mechanisms. Published in 2022, its first thematic report addresses the pressing need to tackle online and technology-facilitated violence, offering a comprehensive overview and proposing colle…
The ‘new voyeurism
Lawmakers around the world are turning their attention to deepfake sexual abuse to reduce its prevalence and provide redress to victims. Thus far, criminal law reforms have tended to focus on the distribution of this material, with far less attention given to targeting the root cause – namely, creation and solicitation. Accordingly, we provide the first comprehensive analysis of sexually explicit deepfake creation. We explore the distinct harms o…
Centring sexual violence victims
In the light of the ongoing failures of the criminal justice system to tackle sexual violence, in particular the systematic injustices experienced by victims, we suggest the introduction of ‘Rape Victim Impact Assessments’ to centre victims’ rights and interests in the policy development and strategic governance of criminal justice systems. Impact assessments provide a framework for the systematic and evidence-based consideration of a new or chan…
Image-Based Sexual Abuse and EU Law
In May 2024, the European Union adopted the Directive on violence against women and domestic violence, marking the first EU-wide binding legislation to address various forms of sexualized and gendered harm. This Article provides the first comprehensive analysis of the Directive’s provisions on image-based sexual abuse (“IBSA”), encompassing the non-consensual taking, creating, and sharing of intimate materials, as well as threats to distribute th…
After #MeToo
While Me Too originated in Tarana Burke's grassroots programme working with black and minoritised women and girls experiencing sexual violence, and which focussed on health, welfare and support, the intensity of the global #MeToo movement after 2017 shed unprecedented visibility on the ubiquity of sexual violence and questions of what constitutes justice.Through networked acts of witnessing and demands for structural change, as well as much media…
Towards a New Criminal Offence of Intimate Intrusions
This article suggests a new approach to tackling women’s experiences of harm and abuse, particularly online, namely a criminal law of ‘intimate intrusions’. It seeks to reinvigorate Betsy Stanko’s (1985) concept of intimate intrusions, developing it particularly in the context of the ever-increasing prevalence of online abuse against women and girls, as well as establishing how this conceptualisation might manifest in law reform. Intimate intrusi…
Devastating, like it broke me’
The non-consensual taking or sharing of intimate images, also known as ‘image-based sexual abuse’, has become a widespread problem. While there has been growing attention to this phenomenon, little empirical research has investigated victim-survivor experiences. Drawing on interviews with 25 victim-survivors, this article focusses on the different responses to image-based sexual abuse in Aotearoa New Zealand. We found that victim-survivors had di…
Challenging anti-carceral feminism
While anti-carceral feminism – which challenges the use of the criminal law and criminal justice system to tackle violence against women – is increasingly dominant, this article builds on an emerging body of work contesting its central premises. In particular, this article emphasises that some sexual violence survivors seek criminal justice redress and examines the work of feminist organisations both supporting survivors and demanding radical cha…
Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse
Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on d…
Sexual violence as a sexual script in mainstream online pornography
This article examines the ways in which mainstream pornography positions sexual violence as a normative sexual script by analysing the video titles found on the landing pages of the three most popular pornography websites in the United Kingdom. The study draws on the largest research sample of online pornographic content to date and is unique in its focus on the content immediately advertised to a new user. We found that one in eight titles shown…
The Psychology of Nonconsensual Porn
As of 2020, legal protections for victims of image-based sexual abuse in the United States remain inadequate. For example, no federal law yet criminalizes the sharing of sexually intimate material without a person’s consent (i.e., nonconsensual porn), and existing state laws are patchy and problematic. Part of the reason for this problem may be that U.S. lawmakers and the general public have yet to grasp that nonconsensual porn is a form of sexua…
It’s Torture for the Soul’
Beyond ‘scandals’ and the public testimonies of victim-survivors, surprisingly little is known about the nature and extent of the harms of ‘image-based sexual abuse’, a term that includes all non-consensual taking and/or sharing of nude or sexual images. Accordingly, this article examines the findings from the first cross-national qualitative study on this issue, drawing on interviews with 75 victim-survivors of image-based sexual abuse in the UK…
Legal Feminisms
This book explores the links between theories of feminism and the practice of law and does so through an examination of a number of contemporary themes in feminist legal studies. From an interdisciplinary perspective, this book examines, as one of its overarching themes, the existence of a distinctively female legal voice, or voices. In arguing for a recognition of the diversity of women’s experiences of the law and in the law, it is also maintai…
Using restorative justice approaches to police domestic violence and abuse
The use of restorative justice in cases of domestic abuse is highly controversial. While little is known about how restorative approaches are used by the police, recent research shows they are used on a widespread basis to respond to domestic abuse throughout England and Wales (Westmarland et al, 2018). This study delves deeper, to look at 62 cases within one police force. Qualitative police data extracted from force systems were analysed to disc…
Kaleidoscopic Justice
This article proposes a more multifaceted way of thinking about victim-survivors’ perceptions of justice; what we have termed ‘kaleidoscopic justice’. Developed from an empirical investigation with 20 victim-survivors of sexual violence, kaleidoscopic justice understands justice as a constantly shifting pattern; justice constantly refracted through new experiences or understandings; justice as an ever-evolving, nuanced and lived experience. Withi…
Under the Radar
The suitability of ‘out of court resolutions’ (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out of court resolutions for domestic abuse using the Freedom of Information Act. Out of court resolutions were used by every UK police force except Scotland to respond to over 5,000 domestic abuse incidents (includin…
Image-Based Sexual Abuse
Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we conceptualise as ‘image-based sexual abuse’. This article delineates the scope of this new concept and identifies the individual and collective harms it engenders. We argue that the individual harms of physical and ment…
Beyond ‘Revenge Porn’
In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s (Surviving sexual violence. Polity Press, Cambridge, 1988) pioneering work, we suggest that ‘revenge porn’ should…
Women, Law and John Stuart Mill
John Stuart Mill's intellectual reputation is unarguable; his liberal credentials seemingly impeccable. Moreover there seems to be a Mill for everyone; liberal, radical, feminist. The precise nature of the feminist Mill has however remained a matter of considerable debate. The purpose of this article is less to engage this speculation, but rather to invite closer consideration of what Mill actually said and wrote about women and the law in ninete…
Would John Stuart Mill have Regulated Pornography
John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism, and his feminism casts doubt over such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist appr…
Alice Edwards
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
I Just Wanted Him to Hear Me’
The use of restorative justice in cases of sexual violence is highly contentious. Some argue that it may trivialize violence against women, revictimize the vulnerable, and endanger the safety of victim‐survivors. On the other hand, from the perspective of victim‐survivors, it may enable us to hear their stories more holistically, offering greater control and validation, and reduce victim‐blaming. It may also provide an additional opportunity to s…
Rethinking Rape Law
Rethinking Rape Law
Beyond ‘Revenge Porn’
In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s (Surviving sexual violence. Polity Press, Cambridge, 1988) pioneering work, we suggest that ‘revenge porn’ should…
Kaleidoscopic Justice
This article proposes a more multifaceted way of thinking about victim-survivors’ perceptions of justice; what we have termed ‘kaleidoscopic justice’. Developed from an empirical investigation with 20 victim-survivors of sexual violence, kaleidoscopic justice understands justice as a constantly shifting pattern; justice constantly refracted through new experiences or understandings; justice as an ever-evolving, nuanced and lived experience. Withi…
It’s Torture for the Soul’
Beyond ‘scandals’ and the public testimonies of victim-survivors, surprisingly little is known about the nature and extent of the harms of ‘image-based sexual abuse’, a term that includes all non-consensual taking and/or sharing of nude or sexual images. Accordingly, this article examines the findings from the first cross-national qualitative study on this issue, drawing on interviews with 75 victim-survivors of image-based sexual abuse in the UK…
Challenging anti-carceral feminism
While anti-carceral feminism – which challenges the use of the criminal law and criminal justice system to tackle violence against women – is increasingly dominant, this article builds on an emerging body of work contesting its central premises. In particular, this article emphasises that some sexual violence survivors seek criminal justice redress and examines the work of feminist organisations both supporting survivors and demanding radical cha…
Sexual violence as a sexual script in mainstream online pornography
This article examines the ways in which mainstream pornography positions sexual violence as a normative sexual script by analysing the video titles found on the landing pages of the three most popular pornography websites in the United Kingdom. The study draws on the largest research sample of online pornographic content to date and is unique in its focus on the content immediately advertised to a new user. We found that one in eight titles shown…
Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse
Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on d…
I Just Wanted Him to Hear Me’
The use of restorative justice in cases of sexual violence is highly contentious. Some argue that it may trivialize violence against women, revictimize the vulnerable, and endanger the safety of victim‐survivors. On the other hand, from the perspective of victim‐survivors, it may enable us to hear their stories more holistically, offering greater control and validation, and reduce victim‐blaming. It may also provide an additional opportunity to s…
Rape, Torture and the European Convention on Human Rights
This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the conceptualisation of torture in the specific context of the offence of rape. It is argued that while all rapes should be found to satisfy the minimum threshold for Article 3, rape does not per se satisfy the severity of …
Rethinking Rape Law
Rape as ‘Torture’? Catharine MacKinnon and Questions of Feminist Strategy
The ‘new voyeurism
Lawmakers around the world are turning their attention to deepfake sexual abuse to reduce its prevalence and provide redress to victims. Thus far, criminal law reforms have tended to focus on the distribution of this material, with far less attention given to targeting the root cause – namely, creation and solicitation. Accordingly, we provide the first comprehensive analysis of sexually explicit deepfake creation. We explore the distinct harms o…
Towards a New Criminal Offence of Intimate Intrusions
This article suggests a new approach to tackling women’s experiences of harm and abuse, particularly online, namely a criminal law of ‘intimate intrusions’. It seeks to reinvigorate Betsy Stanko’s (1985) concept of intimate intrusions, developing it particularly in the context of the ever-increasing prevalence of online abuse against women and girls, as well as establishing how this conceptualisation might manifest in law reform. Intimate intrusi…
Pornography, Pragmatism, and Proscription
The Criminal Justice and Immigration Act 2008 criminalizes the possession of extreme pornography, namely, images of bestiality, necrophilia, and life‐threatening or serious violence, and is the immediate context for this article which seeks to present a pragmatic liberal humanist critique of pornography regulation. Such a critique, derived in particular from the writings of Nussbaum and Rorty, presents an alternative case for regulation, eschewin…
After #MeToo
While Me Too originated in Tarana Burke's grassroots programme working with black and minoritised women and girls experiencing sexual violence, and which focussed on health, welfare and support, the intensity of the global #MeToo movement after 2017 shed unprecedented visibility on the ubiquity of sexual violence and questions of what constitutes justice.Through networked acts of witnessing and demands for structural change, as well as much media…
Under the Radar
The suitability of ‘out of court resolutions’ (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out of court resolutions for domestic abuse using the Freedom of Information Act. Out of court resolutions were used by every UK police force except Scotland to respond to over 5,000 domestic abuse incidents (includin…
Women, Law and John Stuart Mill
John Stuart Mill's intellectual reputation is unarguable; his liberal credentials seemingly impeccable. Moreover there seems to be a Mill for everyone; liberal, radical, feminist. The precise nature of the feminist Mill has however remained a matter of considerable debate. The purpose of this article is less to engage this speculation, but rather to invite closer consideration of what Mill actually said and wrote about women and the law in ninete…
Would John Stuart Mill have Regulated Pornography
John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism, and his feminism casts doubt over such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist appr…
Ellen Anderson, Judging Bertha Wilson – Law as Large as Life, Toronto
Pregnancy dismissals and theWebb litigation
Pregnancy dismissals and theWebb litigation
Workers' Information and Consultation in European Banks. [Rome
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The Business of Equality in the Solicitors' Profession
Ellen Anderson, Judging Bertha Wilson – Law as Large as Life, Toronto
Families, Partnerships and Law Reform in the European Union
Rape as ‘Torture’? Catharine MacKinnon and Questions of Feminist Strategy
Pornography, Pragmatism, and Proscription
The Criminal Justice and Immigration Act 2008 criminalizes the possession of extreme pornography, namely, images of bestiality, necrophilia, and life‐threatening or serious violence, and is the immediate context for this article which seeks to present a pragmatic liberal humanist critique of pornography regulation. Such a critique, derived in particular from the writings of Nussbaum and Rorty, presents an alternative case for regulation, eschewin…
Rape, Torture and the European Convention on Human Rights
This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the conceptualisation of torture in the specific context of the offence of rape. It is argued that while all rapes should be found to satisfy the minimum threshold for Article 3, rape does not per se satisfy the severity of …
Rethinking Rape Law
Rethinking Rape Law
Alice Edwards
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
I Just Wanted Him to Hear Me’
The use of restorative justice in cases of sexual violence is highly contentious. Some argue that it may trivialize violence against women, revictimize the vulnerable, and endanger the safety of victim‐survivors. On the other hand, from the perspective of victim‐survivors, it may enable us to hear their stories more holistically, offering greater control and validation, and reduce victim‐blaming. It may also provide an additional opportunity to s…
Would John Stuart Mill have Regulated Pornography
John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism, and his feminism casts doubt over such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist appr…
Women, Law and John Stuart Mill
John Stuart Mill's intellectual reputation is unarguable; his liberal credentials seemingly impeccable. Moreover there seems to be a Mill for everyone; liberal, radical, feminist. The precise nature of the feminist Mill has however remained a matter of considerable debate. The purpose of this article is less to engage this speculation, but rather to invite closer consideration of what Mill actually said and wrote about women and the law in ninete…
Image-Based Sexual Abuse
Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we conceptualise as ‘image-based sexual abuse’. This article delineates the scope of this new concept and identifies the individual and collective harms it engenders. We argue that the individual harms of physical and ment…
Beyond ‘Revenge Porn’
In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s (Surviving sexual violence. Polity Press, Cambridge, 1988) pioneering work, we suggest that ‘revenge porn’ should…
Legal Feminisms
This book explores the links between theories of feminism and the practice of law and does so through an examination of a number of contemporary themes in feminist legal studies. From an interdisciplinary perspective, this book examines, as one of its overarching themes, the existence of a distinctively female legal voice, or voices. In arguing for a recognition of the diversity of women’s experiences of the law and in the law, it is also maintai…
Using restorative justice approaches to police domestic violence and abuse
The use of restorative justice in cases of domestic abuse is highly controversial. While little is known about how restorative approaches are used by the police, recent research shows they are used on a widespread basis to respond to domestic abuse throughout England and Wales (Westmarland et al, 2018). This study delves deeper, to look at 62 cases within one police force. Qualitative police data extracted from force systems were analysed to disc…
Kaleidoscopic Justice
This article proposes a more multifaceted way of thinking about victim-survivors’ perceptions of justice; what we have termed ‘kaleidoscopic justice’. Developed from an empirical investigation with 20 victim-survivors of sexual violence, kaleidoscopic justice understands justice as a constantly shifting pattern; justice constantly refracted through new experiences or understandings; justice as an ever-evolving, nuanced and lived experience. Withi…
Under the Radar
The suitability of ‘out of court resolutions’ (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out of court resolutions for domestic abuse using the Freedom of Information Act. Out of court resolutions were used by every UK police force except Scotland to respond to over 5,000 domestic abuse incidents (includin…
The Psychology of Nonconsensual Porn
As of 2020, legal protections for victims of image-based sexual abuse in the United States remain inadequate. For example, no federal law yet criminalizes the sharing of sexually intimate material without a person’s consent (i.e., nonconsensual porn), and existing state laws are patchy and problematic. Part of the reason for this problem may be that U.S. lawmakers and the general public have yet to grasp that nonconsensual porn is a form of sexua…
It’s Torture for the Soul’
Beyond ‘scandals’ and the public testimonies of victim-survivors, surprisingly little is known about the nature and extent of the harms of ‘image-based sexual abuse’, a term that includes all non-consensual taking and/or sharing of nude or sexual images. Accordingly, this article examines the findings from the first cross-national qualitative study on this issue, drawing on interviews with 75 victim-survivors of image-based sexual abuse in the UK…
Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse
Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on d…
Sexual violence as a sexual script in mainstream online pornography
This article examines the ways in which mainstream pornography positions sexual violence as a normative sexual script by analysing the video titles found on the landing pages of the three most popular pornography websites in the United Kingdom. The study draws on the largest research sample of online pornographic content to date and is unique in its focus on the content immediately advertised to a new user. We found that one in eight titles shown…
Political science (29 obras) · Law (26 obras) · Sociology (22 obras) · Criminology (21 obras) · Law (19 obras) · Psychology (15 obras) · Sexual violence (12 obras) · Human rights (10 obras) · Medicine (10 obras) · Poison control (10 obras)