Guide Feminist perspectives on land law

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The mere presence of women should not be the sole aim. Gero and Conkey 11 An examination of gender relations rather than gender roles broadens the scope of the enquiry, and leads to an examination of other power relations in society. Although interest in gender developed out of feminism, the relationship is now being pushed into the background. Viewing archaeological interpretation from a gendered perspective therefore not only ensures that women emerge from the shadows, but leads to a radical shift in the understanding of social relationships in the past. The issues for historical geography are similar to those for archaeology, since both are concerned with the intersection between place, time and society.

In parallel with feminist archaeology, a distinctive feminist historical geography has been developing Morin and Berg and a similar acknowledgment has been made of the marginalisation or absence of women from the histories that geographers were writing. Geographical knowledge and historical perspectives are as bound up with politics and power as is Ancient monuments of national importance 53 archaeology. Space is increasingly seen as a relational concept, not a static one.

The spatial, the temporal and the social are all constituted by their interactions with each other. The interconnectedness of these elements has been explored for example by Lefebvre and Soja Identities are constituted through places, by the social interaction of the individual with locations, a process which takes place within the context of time. The intangible and complex web of social relations which is the concern of gender archaeology is anchored in tangible places, not only in individual iconic monuments but in an active relationship with the locality as a whole.

The implications for the legal framework for protecting the cultural heritage are clear. This is a feminist issue, but also more than simple a matter of taking gender into account. Ultimately, it is about democratic processes and the place within them for subordinate voices. Ancient Monuments and Archaeological Areas Act As has been noted above, the establishment of the Ancient Monuments Protection Act in ensured that the professional archaeologist was at the forefront in determining the way in which sites and monuments are selected for legal protection as scheduled ancient monuments, and therefore as in some sense public property.

Archaeological theory may have accepted that interpretations of the past are complex, subjective and multiple, but this does not necessarily transfer to the practice of managing the historic environment. The Ancient Monuments and Archaeological Areas Act , direct successor to the legislation, is the current framework within which such decisions are made in England. The Department for Culture, Media and Sport has overall responsibility for the historic environment.

This is an independent body, although most of its funding comes from the Government. A key function of the Secretary of State under the Ancient Monuments and Archaeological Areas Act is the scheduling of monuments as it requires the Secretary of State to keep a schedule of monuments of national importance s 1 1.

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Although proposals for scheduling can come from private individuals, conservation bodies or local authorities, the Secretary of State must consult English Heritage s 1 2 before making a decision, and it is ultimately the Secretary of State who has responsibility for deciding which sites are of national importance.

The Secretary of State has the power to include in the schedule any monument which appears to be of national importance. This is the only statutory criterion for inclusion on the list s 1 3. The Secretary of State may also exclude any monument from the schedule or amend an entry. If these changes are enacted, primary responsibility will in future lie with English Heritage, and the role of the Secretary of State will be concerned more with overall policy than decisions about individual sites.

The current legislation therefore retains the original concept of scheduling as the means to protect monuments of national importance. Of the several categories of monument recognised by the Act, scheduled monuments are the most important, since they are the ones which are protected from alteration or destruction.

That scheduling serves to preserve monuments is based on the requirement that such sites can only have work carried out on them after formal permission scheduled monument consent has been granted. Before consent is given, a public local inquiry must be held, or the applicant given the opportunity of an informal hearing see Pugh-Smith and Samuels 28 and Cookson There is no formal right of appeal, though the decision may be capable of challenge by way of Ancient monuments of national importance 55 judicial review.

The Secretary of State does, however, have the power to acquire ancient monuments compulsorily or by agreement or gift Ancient Monuments and Archaeological Areas Act , s English Heritage or a local authority may also acquire monuments s Its scope had been extended by the Ancient Monuments Protection Act to include monuments from later periods as well as prehistoric monuments. Despite this growth, it was recognised that the schedule was inadequate as it represented only a small fraction, perhaps 2 per cent, of the total number of archaeological sites in the country Darvill, Saunders and Startin As a result the Monuments Protection Programme was initiated in to speed up the rate at which sites are added to the list.

It is one thing to convince fellow archaeologists of the arguments behind the selection process, we must also convince the general public of the validity of our judgments. Viewed from outside professional heritage management, this may be seen as both narrow and exclusive, privileging the interests of the profession above the public interest.

In attempting to preserve rational and objective sample, the theoretical basis seems to be rooted in processual archaeology, rather than the complex, nuanced and multiple interpretations of the past suggested by postprocessual theory. If archaeological theory accepts that there are multiple ways of interpreting the past, there can be no objectively determined, 56 Penny English single view of what is of public importance. Even if a site does appear to the Secretary of State to be of national importance, there is no obligation for it to be included on the schedule.

The Secretary of State has broad discretion both when deciding whether remains are of national importance, and if so, whether to schedule them. There is limited statutory right of challenge which applies to the granting of scheduled monument consent, but not to the scheduling itself. The proposed reforms will remedy this by adding a statutory right of appeal, but this will be limited to appeal by the owners of the property. Currently, decisions other than the granting of scheduled monument consent may only be challenged by judicial review. This came into prominent notice in the Rose Theatre case.

Campaigners formed the Rose Theatre Trust Company and then took legal proceedings by way of judicial review with the aim of compelling the Secretary of State to schedule the site. Through the role English Heritage plays as the advisory body guiding government decisions, professional archaeology has an active and central part in determining which places are scheduled and therefore in the way heritage is used to project or marginalise identities and groups. There is an additional problem here.

There is a disjunction between contemporary trends in archaeological theory, which do recognise the multivocal and contingent nature of versions of the past, and the theoretical basis of archaeological management decision making. This theme is explored by Laurajane Smith , , and , who highlights the distance between the highly politicised postprocessual archaeology and the practicalities of heritage management, which is where archaeology is most directly engaged with politics. She writes largely from the perspective of the Australian experience, where the issues of Aboriginal heritage and identity have come under intense political scrutiny.

The legislation is founded on a rational, positivist archaeological framework. Archaeological theory accepts that knowledge about the past is subjective, multiple, contingent and dynamic. Decision making which takes place in a public sphere in the classical mould, based on outdated assumptions is ill-suited to the recognition of such a diversity of viewpoints. History of the nation, especially a nation in the Western enlightenment context, is connected with dynamism, change and progress which is precisely those values which are deemed male.

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Castles, those most obvious of the ancient monuments surviving in the English landscape, have been studied predominantly from the military perspective, despite having clear domestic functions as well. Two examples from the UK of contested sites, where the articulation of alternative sets of values and subordinate voices were central, are Seahenge and Stonehenge. At Seahenge, a wooden Bronze Age monument on a beach in Norfolk, the debate concerned the decision by English Heritage to remove the Ancient monuments of national importance 59 monument in order to study and conserve the timbers , rather than leave it in place.

Although making its decision in the public interest, acting as steward of a threatened resource as the monument would be destroyed by the sea, there was no uniform public view. A number of publics existed, not all of whom were in agreement with the evaluation of English Heritage which put recording archaeological information as the highest priority, above a perceived spiritual value in the place. What was clear from the dispute was that the existing system for decision making concerning ancient monuments fails to take account of multiple viewpoints, and in such situations fails to represent a clear consensus of what is the public interest.

Compromises have now been reached, but it has been a long and painful road. The current framework for decision making concerning ancient monuments appears to rest on the philosophical basis that there is a single public sphere Habermas , which is where consensus concerning the public good is reached. That this model is a possibility has been questioned, suggesting that there was never a single public sphere and that it always excluded groups from the debate on the grounds of class and gender Fraser , Robbins This provides a convincing model for the process of determining which monuments form part of the national heritage.

The debate takes place within what is itself an interest group rather than a genuine public sphere. After subsequent interpretation the public is told that this is its past. Tilley Debate needs to become truly public and democratic if the multifaceted identities of the present, including the feminist view of the past is to be heard. Reform A major process of review of heritage legislation is currently being undertaken by the Government, which began in English Heritage accepted that there can be no single meaning attached to the historic environment: It is many-faceted, relying on an engagement with physical remains but also emotional and aesthetic responses and on the power of memory, history and association.

It is contested territory: something to be argued about and debated, not simply accepted as a given passed down from above or by our predecessors. English Heritage 5 The result of the initial consultation exercise and the associated working groups was published as Power of Place at the end of The recommendations included giving higher priority to consultation and participation.

Ancient monuments of national importance 61 The DCMS consultation paper Protecting our historic environment: Making the system work better followed in Again the same key ideas were reiterated. English Heritage, rather than the Secretary of State, is to have statutory responsibility for designating at a national level, although the Secretary of State will retain a power to call in exceptional cases for a decision. English Heritage will be responsible for national designation, working within nationally agreed and published criteria. In this respect, there is little change from the present.

The theoretical basis for designation will be very similar to that currently in place. The tangible and monumental elements of heritage remain dominant. There is certainly more scope for public consultation in the proposals, and there will also be a statutory right of appeal for owners on decisions to designate or not designate a site.

Heritage is always a creation of the present: an act of ascribing present-day values to aspects of our inheritance from the past. It is therefore entirely subjective, forever evolving as attitudes and opinions change. But values are not shared equally among people or across time, and sometimes clash. Government and heritage organisations intervene both by encouraging people to express these values, and by establishing frameworks and procedures to balance competing priorities.

Despite this very welcome emphasis on inclusion and diversity, there are problems with the extent to which this is truly a radical departure from the current system. Concern is expressed that the heritage needs to involve all sectors of society as part of the overall social inclusion agenda , but this focuses issues of class, race and ethnicity. It is absent from the political agenda for the heritage. The reverse is also true. A concern with social and racial inclusion necessitates a concern with gender if there is to be a genuinely inclusive heritage. Notes 1 Planning Policy Guidance PPG 16 Archaeology and Planning, sets out how archaeological considerations are to be taken in account on planning decisions.

While advocating a fact-based history, what was being promoted by the Government was a particular version of the national identity Crawford , Lee , and Coulby and Jones The focus of this work was derived, in great part, from a perceived need to counteract the strength of a nineteenth-century heritage which continually reasserted and reproduced the division. This gendered account of division was folded into one of the key tenets of liberalism: that the state must respect the privacy of the domestic sphere.

Not only our own heritage, but also two contemporary developments reinforce the primacy of the model. There are two aspects which I think of as derived from the practices of feminist scholarship. The second is to revisit the critique of the seeming simplicity of a divide between public and private spheres.

In terms of feminist scholarship, an understandable concentration on access to the resource of private property has marginalised other forms of property use or thinking. This chapter takes its shape from the increasing concern, in this country, with the privatisation of urban public space. Both in our scholarship and in our jurisprudence, we have somewhat lagged behind North American work which located this as an issue in the last decades of the twentieth century.

We could suggest, for the moment, that it is made up of sites to which the public have a presumed right of reasonable access. In other words, such space is not subject to the rules and practices we associate with private property, in particular the right of the owner of such property to exclude us from it. But this would be to ignore important practices of urban living: we more than traverse such space in order to access private sites, we share the amenities of these spaces as places to wander, relax, meet and so on.

Streets are more than highways: they are the very fabric of urban living. Further, places designed for public use take on certain characteristics: whether green parks or concrete squares, we presume rights of use, even if we also accept that certain places might be closed at night or that we are subject to rules bylaws regulating the use of that space.

Over such public space we tend to presume there is some form of benevolent public authority regulating and protecting the public use of a public asset, but we rarely directly consider it. It is an indication of our focus on private property and ownership that the little statutory authority and case material relevant to the use of urban public space is rarely covered in textbooks or Land Law courses. Gray and Gray provide the most notable exception.

First, note that there is an element here of assertion — the Grays as we shall see later have been concerned to proactively promote and protect the use of urban public space. Deeply engrained into our expectations of public urban space is, or has been, a set of practices associated with politics and the democratic process. It was, and still to some extent is, on our streets and in our squares that we meet to organise, support or protest against, the decisions of government.

For them, a lack of such provision in the built environment radically curtails the potential development of a community ethos. I mean this in two ways. The inheritors of this dispossession if we can think of it in this way! But, whereas the rural poor were all too aware of their dispossession, entailing as it often did loss of land and livelihood, this later process of urban dispossession has occurred relatively unnoticed and uncontested. The process of urban enclosure and privatisation in this country has to be understood within a pattern of changes in the ways in which we build and use our urban centres.

A general trajectory was to come to regard urban centres as primarily places of retail, rather than broader, civic, activity. Malls developed into enclosed environments of pleasure and the pattern was set. Investors, merchants and consumers realised, as they had done with department stores, that an enclosed and controlled environment was the most productive way to pursue the development of the pleasures of leisure-shopping. The development, in this country, of enclosed out-of-town shopping centres was, in great part, inspired by the American experience.

Thus we can talk of a doubled movement of enclosure and privatisation in urban centres which mirrors, both architecturally and legally, out-of-town shopping centres. But the theme which underpins all aspects of a concern with women-in-public is that of woman as sexual object see especially Wilson They mark, of course, not only changes in technologies of scale and pace, but also the simple fact that more women were moving into and through these public spaces. The changing geography of urban, especially city, spaces threw up new questions about women moving through, and using, public space.

These spatial and temporal divisions marked places which could be used by women without provoking concern — as long as they were respectably dressed and using them at the right hours. Feminist critics would correctly point to the extent to which women have been targeted by advertising and have been the focus of the ways in which retail activities have been packaged for consumer consumption. However, whatever conditions have given rise to, and sustain, this phenomenon, women and leisure-shopping have become intrinsically linked.

To place as much as possible for sale under one roof not only encouraged women into a retail environment, but also encouraged them to stay for some time in a place which was exciting and relaxing as well as safe, comfortable and hospitable. A place where one could wander, safely, seemingly with purpose but without the need to always make a purchase.

A place to spend time, as much as a place to shop. A controlled space — open to all, but welcoming only to those who had the money to spend, or at least looked as if they did. A place for respectable women to be engaged in respectable activities — consumption and respectable display. The story of the department store on the high street is now, however, one of decline.

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The major function in their design is to encourage people especially women not only to visit them, but to spend extensive periods of time within their precincts in order to spend their money either on purchases or within the cafes, restaurants and other recreational facilities. They provide, through carefully designed internal architecture features, places in which one can promenade, rest and feel rested sitting by water or under internal arboretums.

The scale, lighting and the furnishings especially the use of marble! These purpose-built enclosed zones were initially constructed externally like fortresses: high blank walls, few windows and few portals for entrance, one such example being the Gateshead Metro Centre. This was a highly controlled environment; both in terms of entering it and in terms of what happens or does not internally. Such spaces form a play between the illusion of public space that is a space into which the public are invited, indeed encouraged, to enter and use at leisure and the reality of it being a highly controlled and regulated private A trip to the mall 79 environment.

As with the organisation of the retail units, the display of the goods and the internal organisation of the shops, which we as consumers prefer to be deluded into thinking is all organised for our convenience rather than to entice us to shop and spend, most of us do not want to think beyond our enjoyment of the pleasures of the space to consider the technologies of control which inform and control our activities within that space.

Wolpole, writing on the Gateshead Metro Centre, concludes that:. Incorporating an existing street pattern into an enclosed and covered space of c. After a number of verbal warnings, they were excluded by written letter from access to the centre, for life. At the Court of Appeal, however, judgment was given for the property owner on the simple ground that all that was being exercised was the right of a private property owner to exclude at will. In , as part of a campaign to try and save the only open green space in the area, a group of local individuals decided to collect signatures on a petition to be handed to the local council.

Given the Court of Appeal judgment discussed above, it was clear that the trajectory for such an action was an appeal to the European Court. In , their case was heard on the basis that their rights to freedom of assembly had been denied as a result of the failure of the public authorities to protect their rights on the privatisation of once public assets Arts 10, 11 and This extends to any individual or group seen to be unacceptable by its private security forces.

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The regeneration of one retail area of Liverpool is a prime example of the new pattern. It remains the case that we should be concerned about the impact of enclosure and privatisation of urban centres, but in an important way, concentrating on this issue now misses the point. In either public urban space or private shopping centre, we are now subject to very similar technologies of regulation. We cannot simply argue against privatisation as an issue of public access when, at the very same time, our streets and open spaces are increasingly regulated and citizens whose behaviour is deemed problematic are excluded from them.

But, at another level, and as has been implied in much of the discussion so far, we can also think of it in terms of a psycho-cultural geography. As shopping has become a more leisure-based activity and centres have to keep themselves attractive to consumers with access to retailing through the internet, so the pleasures and excitements of related leisure activities have become the new consumption focus.

If comfort and safety are the foci of the mall, and the exclusion of all undesirable and disorderly conduct a necessity to ensure comfort and safety, then so also should public space meet these criteria. It feeds from and into a wish for well-ordered public space akin to the experience of a privately ordered world.

Some have argued, understandably, that such a dispossession can never be complete: human agency displays creativity in the many ways in which it can continue to inhabit place and resist being overwhelmed by practices of normalisation Morris At this level, the decision of our courts to uphold the right to exclude seems all too simple and obvious.

They are only able to argue this with some force by beginning in the public sphere, bringing fully into account the little jurisprudence there is in relation to land held by public authorities and using it as strongly as possible. In CIN Properties v Rawlins [] 2 EGLR , reference was made to the failure of the local authority to impose conditions on the leaseholders to protect reasonable public access, or to use their ability to register the malls as public footpaths.

Pinkstone directly addresses this as a strategy for keeping open reasonable access, and we could extend this into an examination of the extent to which local authorities can, and have, used planning applications as a vehicle through which to impose conditions relating to the provision and upkeep of public space, as well as protecting reasonable public access. Thus, in using the term we do not need to limit ourselves to issues of privatisation or privately owned space, we can deploy it to cover all urban public spaces and places of a particular character.

However, it is in the shared concern of the regulation of conduct anti-social behaviour that the interests of both public and private agencies converge. In this sense, Borden might be read as signalling two important issues. IV and V. The boundary of the college land is marked by a thin brass line in the pavement. See Hetherington for a critique of this position, which I share. The Commission for New Towns, formed in , took over the assets of development corporations once a New Town had been established. Since the New Towns Act this role has become one of the disposal of such assets by privatisation.

A good example of this, in London, is Selfridges. See Blum Again quoted in the press statement on the Bluewater website. The Sunday Times, 21 August This is a mistake, since it recreates the traditional paternalism of most town planning. What signal about family responsibility does that send out?

However, the legislation retains the structure of a two-tier system of entry into public sector housing, with the homelessness route in Part VII of the Act being characterised by less 98 Rosy Thornton choice and greater uncertainty, almost invariably involving a spell in temporary accommodation. Has the homeless persons legislation in fact provided an easy short-cut to cheap, secure housing for feckless teenage mothers? Of good and bad mothers Carol Smart has argued that motherhood is a social construct rather than a natural condition. Single mothers, and particularly those who have never married, have been especially demonised.

The woman who is bringing up a child alone, who is reliant upon the state for support, is seen to fall below the expected standards of motherhood, to be a Bad Mother.

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In the housing context, concern was focused upon the fear that young lone mothers would gain unwarranted priority for scarce council accommodation, at the expense of more deserving families. The myth of the teenage girl who gets pregnant in order to leapfrog the housing waiting list held wide sway in the mids. It was propagated not only by Government ministers such as Sir George Young, but also by some within the housing profession.

The Green Paper was resonant with the language of traditional family values. The accommodation must be available not only to the homeless person but also to other people who normally reside or might reasonably be expected to reside with her;9 it must also be reasonable for her to continue to occupy that accommodation. Statistics indicate that of homeless households accepted by local authorities in England as being in priority need, over half contain dependent children and a further 12 per cent include a pregnant woman. A survey undertaken by the Institute of Housing found that only between a quarter and a half of households accepted as homeless by local authorities were single parents.

Department of the Environment research shows that of those households securing tenancies via council waiting lists in , 24 per cent consisted of one adult with a child or children Prescott-Clarke, Clemens and Park table 5. Such data undermines any simplistic representation of the homeless as single mothers and those on waiting lists as married couples. Indeed, Scapegoating and the legal landscape the homeless and waiting list applicants were frequently the very same people.

Both married and unmarried mothers were registering their need for accommodation, but those on their own were just more often reaching the crisis point of statutory homelessness before being allocated a tenancy. Most of this group consisted of older women, divorced or separated; the Institute of Housing survey referred to earlier found that only between 2 and 14 per cent of homeless applicants were unmarried teenagers with children.

Current statistics23 suggest that this is still the case today. Of the homeless households accepted by local authorities in England as being in priority need in , 23 per cent were homeless because parents were no longer able or willing to accommodate them. Nor can it be maintained that these women are too ready to leave the marital home without good reason in order to seek council assistance; over recent years the statistics have consistently shown that approximately two-thirds of those homeless as a result of relationship breakdown have been escaping from domestic violence.

At the same time, a closer analysis of households registered on general council housing lists in the s does little to support the picture which was presented by the Conservative Government, of married couples patiently waiting for a tenancy before having children. Only one in three households on council waiting lists in consisted of two or more adults and no children Rosy Thornton Prescott-Clarke, Clemens and Park table 4.

Of those waiting list applicants interviewed in a Government survey, a mere 3 per cent gave their wish to start a family as their reason for seeking accommodation Prescott-Clarke, Clemens and Park table 4. More recent research also gives the lie both to the notion that single parents are predominantly young women who have never been married, and that they enjoy privileged access to housing resources. A major survey by the Policy Studies Institute Marsh, McKay and Stephenson for the Department of Social Security, conducted in , found that the average age of all lone parents was 35, that only 23 per cent had never cohabited or been married, and that, far from the popular image of the irresponsible mother with a clutch of illegitimate children, the majority had only one child.

The Census similarly revealed that only 7.

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Again, however, research conducted during this period shows that this was very far from being so. Apart from the obvious trauma of homelessness itself, applicants for accommodation via this route were frequently faced with punitive attitudes and policies in terms of allocation. Institute of Housing table 5. Such practices would tend to mean that the homeless received the lowest quality housing on the least popular estates. At the same time, allocation policies concerning household type and size of accommodation impacted adversely upon single parents.

The more recent picture is very similar. Although the numbers of families placed in bed and breakfast has been substantially reduced in consequence, reliance upon it nevertheless remains commonplace, at least in the short term. One commonly encountered strand of the folklore surrounding homeless teenage mothers is the belief that girls deliberately become pregnant as a means to obtaining council accommodation. Anecdotal evidence of young women who were alleged to have acted in this way could always be found, even by those who were less judgmental and more sympathetic to the circumstances of those in question.

Pregnancy becomes a passport to accommodation. To claim that a child was conceived as a route into housing may appear an attractive rationalisation, perhaps in some cases even to the mother herself. It is notable, however, that this is not the view of the statute which has been taken in the case law. The pages of Hansard show that the debates on the Housing Bill were peppered with references to the prevalent stereotypes of good and bad mothers. They postpone having a family because, being responsible, they do not want to start one before getting their own home — yet see other people, probably in far better circumstances, leaping to the head of the queue.

A recent Panorama programme highlighted a year-old girl who was four months pregnant. This is a result of current policy. However, the language used makes it clear that issues of need were inextricably mixed in the minds of ministers with questions of personal desert, according to received moral values. Although this was not explicit in the words of the Act, it was always assumed that discharge of the duty required permanent accommodation to be made available to the applicant. What his Lordship seems to have meant by this somewhat arcane distinction was that the local authority could discharge its duty by placing a homeless household in temporary accommodation, which could later be terminated provided that the household would not as a result once again be homeless and in priority need.

The example he gave was of an applicant in priority need due to pregnancy; the local authority could meet its obligations to her by placing her in temporary accommodation, and if after giving birth she were to place her child for adoption, that accommodation could then be withdrawn, since the applicant would no longer qualify as being in a priority category.

And, most importantly, the duty was limited by s 3 to securing housing for a period of two years. Thereafter, under s , any continuation of the accommodation was discretionary, was permissible only if the applicant was still in priority need and lacking other suitable accommodation, and had to be for limited periods of up to two years at a time.

If the local authority failed to continue the accommodation under these discretionary provisions, the applicant was obliged if still homeless and in priority need to make a fresh application under s 9. Section of the legislation explicitly limited local authorities in the Rosy Thornton use of their own housing stock in discharging their duties towards the homeless. The accommodation which was made available, if directly supplied by the local authority, could either be hostel accommodation or be leased for the purpose from a private landlord, but could not consist of a secure tenancy of council housing; authorities were not permitted to use their own properties to house the homeless for more than two years continuously or in aggregate in any period of three years.

The allocations survey by Pawson et al. In such cases, unless the local authority was prepared to extend their accommodation on a voluntary basis, the applicants had to reapply for further assistance. This may frequently have resulted in their facing the upheaval of being moved to new temporary accommodation, especially in view of the s bar on the use of council stock to house the homeless for periods exceeding two years. In the face of rising failure rates, teachers face the challenge of making them as straightforward as possible, while yet covering sufficient content to satisfy the professional requirements laid down by the Joint Academic Standards Board.

Many of us conclude that if we send our students out into the world with this skill in the area of property law, where it is so often lacking, this is a significant achievement. And so it is. But it is not enough. Unable to display preview. Download preview PDF.

Skip to main content. This discourse is strongly related to African feminism and postcolonial feminism. Its development is also associated with concepts such as black feminism, womanism, "Africana womanism", "motherism", "Stiwanism", "negofeminism", chicana feminism, and "femalism". The theory emerged in the s and was developed by Dr. Maxine Baca Zinn, a Chicana feminist and Dr.

Bonnie Thornton Dill, a sociology expert on African American women and family. Libertarian According to the Stanford Encyclopedia of Philosophy, "Classical liberal or libertarian feminism conceives of freedom as freedom from coercive interference. It holds that women, as well as men, have a right to such freedom due to their status as self-owners.

Anarcha-feminism also called anarchist feminism or anarcho-feminism combines feminist and anarchist beliefs, embodying classical libertarianism rather than contemporary conservative libertarianism. Anarcha-feminists view patriarchy as a manifestation of hierarchy, believing that the fight against patriarchy is an essential part of the class struggle and the anarchist struggle against the state. Anarcha-feminists such as Susan Brown see the anarchist struggle as a necessary component of the feminist struggle. In Brown's words, "anarchism is a political philosophy that opposes all relationships of power, it is inherently feminist".

Recently, Wendy McElroy has defined a position which she labels "ifeminism" or "individualist feminism" that combines feminism with anarcho-capitalism or contemporary conservative libertarianism, arguing that a pro-capitalist, anti-state position is compatible with an emphasis on equal rights and empowerment for women. Individualist anarchist-feminism has grown from the US-based individualist anarchism movement. Individualist feminism is typically defined as a feminism in opposition to what writers such as Wendy McElroy and Christina Hoff Sommers term, political or gender feminism. However, there are some differences within the discussion of individualist feminism.

While some individualist feminists like McElroy oppose government interference into the choices women make with their bodies because such interference creates a coercive hierarchy such as patriarchy , other feminists such as Christina Hoff Sommers hold that feminism's political role is simply to ensure that everyone's, including women's, right against coercive interference is respected. Sommers is described as a "socially conservative equity feminist" by the Stanford Encyclopedia of Philosophy.

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  • Critics have called her an anti-feminist. Standpoint Since the s, standpoint feminists have argued that feminism should examine how women's experience of inequality relates to that of racism, homophobia, classism and colonization. In the late s and s postmodern feminists argued that gender roles are socially constructed, and that it is impossible to generalize women's experiences across cultures and histories.

    Post-structural and postmodern Post-structural feminism, also referred to as French feminism, uses the insights of various epistemological movements, including psychoanalysis, linguistics, political theory Marxist and post-Marxist theory , race theory, literary theory, and other intellectual currents for feminist concerns. Many post-structural feminists maintain that difference is one of the most powerful tools that females possess in their struggle with patriarchal domination, and that to equate the feminist movement only with equality is to deny women a plethora of options because equality is still defined from the masculine or patriarchal perspective.

    Postmodern feminism is an approach to feminist theory that incorporates postmodern and post-structuralist theory. The largest departure from other branches of feminism is the argument that gender is constructed through language. The most notable proponent of this argument is Judith Butler. Butler criticizes the distinction drawn by previous feminisms between biological sex and socially constructed gender.

    She says that this does not allow for a sufficient criticism of essentialism. For Butler "woman" is a debatable category, complicated by class, ethnicity, sexuality, and other facets of identity. She states that gender is performative. This argument leads to the conclusion that there is no single cause for women's subordination and no single approach towards dealing with the issue.

    In A Cyborg Manifesto Donna Haraway criticizes traditional notions of feminism, particularly its emphasis on identity, rather than affinity. She uses the metaphor of a cyborg in order to construct a postmodern feminism that moves beyond dualisms and the limitations of traditional gender, feminism, and politics. Haraway's cyborg is an attempt to break away from Oedipal narratives and Christian origin-myths like Genesis. She writes: "The cyborg does not dream of community on the model of the organic family, this time without the oedipal project. The cyborg would not recognize the Garden of Eden; it is not made of mud and cannot dream of returning to dust.

    Other postmodern feminist works highlight stereotypical gender roles, only to portray them as parodies of the original beliefs. The history of feminism is not important in these writings - only what is going to be done about it. The history is dismissed and used to depict how ridiculous past beliefs were. Modern feminist theory has been extensively criticized as being predominantly, though not exclusively, associated with Western middle class academia.

    Mary Joe Frug, a postmodernist feminist, criticized mainstream feminism as being too narrowly focused and inattentive to related issues of race and class. Environmental Ecofeminism links ecology with feminism. Ecofeminists see the domination of women as stemming from the same ideologies that bring about the domination of the environment. Patriarchal systems, where men own and control the land, are seen as responsible for the oppression of women and destruction of the natural environment. Ecofeminists argue that the men in power control the land, and therefore they are able to exploit it for their own profit and success.

    Ecofeminists argue that in this situation, women are exploited by men in power for their own profit, success, and pleasure. Ecofeminists argue that women and the environment are both exploited as passive pawns in the race to domination. Ecofeminists argue that those people in power are able to take advantage of them distinctly because they are seen as passive and rather helpless. Ecofeminism connects the exploitation and domination of women with that of the environment.

    As a way of repairing social and ecological injustices, ecofeminists feel that women must work towards creating a healthy environment and ending the destruction of the lands that most women rely on to provide for their families. Ecofeminism argues that there is a connection between women and nature that comes from their shared history of oppression by a patriarchal Western society. Vandana Shiva claims that women have a special connection to the environment through their daily interactions with it that has been ignored.

    Society The feminist movement has effected change in Western society, including women's suffrage; greater access to education; more nearly equitable pay with men; the right to initiate divorce proceedings and "no fault" divorce; and the right of women to make individual decisions regarding pregnancy including access to contraceptives and abortion ; as well as the right to own property.

    Civil rights From the s on the women's liberation movement campaigned for women's rights, including the same pay as men, equal rights in law, and the freedom to plan their families. Their efforts were met with mixed results. Issues commonly associated with notions of women's rights include, though are not limited to: the right to bodily integrity and autonomy; to vote universal suffrage ; to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military; to enter into legal contracts; and to have marital, parental and religious rights.

    In the UK a public groundswell of opinion in favour of legal equality gained pace, partly through the extensive employment of women in men's traditional roles during both world wars. With encouragement from the UK government, the other countries of the EEC soon followed suit with an agreement to ensure that discrimination laws would be phased out across the European Community. Supporters believed it would guarantee women equal treatment. But critics feared it might deny women the right be financially supported by their husbands.

    The amendment died in because not enough states had ratified it. ERAs have been included in subsequent Congresses, but have still failed to be ratified. In the final three decades of the 20th century, Western women knew a new freedom through birth control, which enabled women to plan their adult lives, often making way for both career and family.

    The United Nations Human Development Report estimated that when both paid employment and unpaid household tasks are accounted for, on average women work more than men. Described as an international bill of rights for women, it came into force on 3 September Several countries have ratified the Convention subject to certain declarations, reservations and objections. Expecting a U. Language Gender-neutral language is a description of language usages which are aimed at minimizing assumptions regarding the biological sex of human referents.

    The advocacy of gender-neutral language reflects, at least, two different agendas: one aims to clarify the inclusion of both sexes or genders gender-inclusive language ; the other proposes that gender, as a category, is rarely worth marking in language gender-neutral language. Gender-neutral language is sometimes described as non-sexist language by advocates and politically-correct language by opponents.

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    Heterosexual relationships The increased entry of women into the workplace beginning in the twentieth century has affected gender roles and the division of labor within households. Sociologist Arlie Russell Hochschild in The Second Shift and The Time Bind presents evidence that in two-career couples, men and women, on average, spend about equal amounts of time working, but women still spend more time on housework.

    Feminist writer Cathy Young responds to Hochschild's assertions by arguing that in some cases, women may prevent the equal participation of men in housework and parenting. Feminist criticisms of men's contributions to child care and domestic labor in the Western middle class are typically centered around the idea that it is unfair for women to be expected to perform more than half of a household's domestic work and child care when both members of the relationship also work outside the home.

    Several studies provide statistical evidence that the financial income of married men does not affect their rate of attending to household duties. In Dubious Conceptions, Kristin Luker discusses the effect of feminism on teenage women's choices to bear children, both in and out of wedlock.

    She says that as childbearing out of wedlock has become more socially acceptable, young women, especially poor young women, while not bearing children at a higher rate than in the s, now see less of a reason to get married before having a child. Her explanation for this is that the economic prospects for poor men are slim, hence poor women have a low chance of finding a husband who will be able to provide reliable financial support.

    Although research suggests that to an extent, both women and men perceive feminism to be in conflict with romance, studies of undergraduates and older adults have shown that feminism has positive impacts on relationship health for women and sexual satisfaction for men, and found no support for negative stereotypes of feminists. Religion Feminist theology is a movement that reconsiders the traditions, practices, scriptures, and theologies of religions from a feminist perspective. Some of the goals of feminist theology include increasing the role of women among the clergy and religious authorities, reinterpreting male-dominated imagery and language about God, determining women's place in relation to career and motherhood, and studying images of women in the religion's sacred texts.

    Christian feminism is a branch of feminist theology which seeks to interpret and understand Christianity in light of the equality of women and men. Because this equality has been historically ignored, Christian feminists believe their contributions are necessary for a complete understanding of Christianity. While there is no standard set of beliefs among Christian feminists, most agree that God does not discriminate on the basis of biologically-determined characteristics such as sex.

    Their major issues are the ordination of women, male dominance in Christian marriage, and claims of moral deficiency and inferiority of abilities of women compared to men. They also are concerned with the balance of parenting between mothers and fathers and the overall treatment of women in the church. Islamic feminism is concerned with the role of women in Islam and aims for the full equality of all Muslims, regardless of gender, in public and private life.

    Islamic feminists advocate women's rights, gender equality, and social justice grounded in an Islamic framework. Although rooted in Islam, the movement's pioneers have also utilized secular and Western feminist discourses and recognize the role of Islamic feminism as part of an integrated global feminist movement.

    Advocates of the movement seek to highlight the deeply rooted teachings of equality in the Quran and encourage a questioning of the patriarchal interpretation of Islamic teaching through the Quran, hadith sayings of Muhammad , and sharia law towards the creation of a more equal and just society. Jewish feminism is a movement that seeks to improve the religious, legal, and social status of women within Judaism and to open up new opportunities for religious experience and leadership for Jewish women. Feminist movements, with varying approaches and successes, have opened up within all major branches of Judaism.

    In its modern form, the movement can be traced to the early s in the United States. According to Judith Plaskow, who has focused on feminism in Reform Judaism, the main issues for early Jewish feminists in these movements were the exclusion from the all-male prayer group or minyan, the exemption from positive time-bound mitzvot, and women's inability to function as witnesses and to initiate divorce.

    It is also one sect of the many practiced in Wicca. Theology Feminist theology is a movement found in several religions to reconsider the traditions, practices, scriptures, and theologies of those religions from a feminist perspective. In Wicca "the Goddess" is a deity of prime importance, along with her consort the Horned God. In the earliest Wiccan publications she is described as a tribal goddess of the witch community, neither omnipotent nor universal, and it was recognised that there was a greater "Prime Mover", although the witches did not concern themselves much with this being.

    Architecture Gender-based inquiries into and conceptualization of architecture have also come about in the past fifteen years or so. Piyush Mathur coined the term "archigenderic" in his article in the British journal Women's Writing. Claiming that "architectural planning has an inextricable link with the defining and regulation of gender roles, responsibilities, rights, and limitations," Mathur came up with that term "to explore In the West, second-wave feminism prompted a general reevaluation of women's historical contributions, and various academic sub-disciplines, such as Women's history or herstory and women's writing, developed in response to the belief that women's lives and contributions have been underrepresented as areas of scholarly interest.

    Virginia Balisn et al. Much of this early period of feminist literary scholarship was given over to the rediscovery and reclamation of texts written by women. Studies such as Dale Spender's Mothers of the Novel and Jane Spencer's The Rise of the Woman Novelist were ground-breaking in their insistence that women have always been writing. Commensurate with this growth in scholarly interest, various presses began the task of reissuing long-out-of-print texts.

    Virago Press began to publish its large list of nineteenth and early-twentieth-century novels in and became one of the first commercial presses to join in the project of reclamation. In the s Pandora Press, responsible for publishing Spender's study, issued a companion line of eighteenth-century novels written by women. More recently, Broadview Press has begun to issue eighteenth- and nineteenth-century works, many hitherto out of print and the University of Kentucky has a series of republications of early women's novels.

    There has been commensurate growth in the area of biographical dictionaries of women writers due to a perception, according to one editor, that "most of our women are not represented in the 'standard' reference books in the field". Science fiction In the s the genre of science fiction combined its sensationalism with political and technological critiques of society. Two early texts are Ursula K. They serve to highlight the socially constructed nature of gender roles by creating utopias that do away with gender.

    Both authors were also pioneers in feminist criticism of science fiction in the s and 70s, in essays collected in The Language of the Night Le Guin, and How To Suppress Women's Writing Russ,