Criminalizing Motherhood And Reproduction

In this book, motherhood and reproduction are identified as sites of legal, political, and ideological surveillance, regulation, and criminalization. Collectively, this rich and diverse edited volume builds on cross-disciplinary frameworks and an attention to differences among mothers to analyze multiple ways that mothers and pregnant women face culture, policy, or practices that may criminalize their identities or their actions. Several themes cross the volumes’ six chapters, from the importance of and problems related to socialized expectations of what “good mothers” should do – for incarcerated, formerly incarcerated, and never incarcerated mothers alike – to the role of state actors and everyday informal interactions in enforcing these expectations, particularly against marginalized, Black, Brown and young mothers in open-air prisons. Conflicts between motherhood ideologies and state control dominate many women under carceral motherhood. Nation-states are also implicated in these analyses, particularly in the European Union, where nation-states outsource abortion across and within geopolitical borders, making migration a contested strategy for pregnant women. Yet despite the criminalizing of motherhood and reproduction described in the text, women and mothers are also found to be resilient, choosing their identities and their actions. Criminalizing Motherhood and Reproduction will be a key resource for researchers, scholars and practitioners in the fields of feminist criminology and motherhood studies, criminology and criminal justice, women’s studies, gender studies, child and youth studies and sociology. It was originally published as a special issue of Women & Criminal Justice.

This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women’s bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman’s value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women’s behavior and reproductive capacity. The Criminalization of a Woman’s Body thoroughly discusses these special laws governing women’s personal choices and the threats these laws and court decisions pose to women’s autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women’s studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women’s issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women’s bodies.

In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

As the fastest growing prison population worldwide, more and more women are living in cages and most of them are mothers. This alarming trend has huge ramifications for women, children and communities across the globe. Empathy for mothers behind bars and concern for criminalized mothers in the community is in short supply. Mothers are criminalized for their vulnerabilities and for making unpopular but difficult choices under material and ideological conditions not of their own choosing. Criminalized Mothers, Criminalizing Mothering shines a spotlight on mothers who are, by law or social regulation, criminalized and examines their troubles and triumphs. This book offers a critical and compassionate lens on social (in)justice, mass incarceration, and collective miseries women experience (i.e., economic inequality, gendered violence, devalued care work, lone-parenting etc.). This book is also about mothers’ encounters with systems of control, confinement, and criminalization, but also their experiences of care.

Drawing on surveys and interviews with almost 300 female military personnel, Melissa Herbert explores how women's everyday actions, such as choice of uniform, hobby, or social activity, involve the creation and re-creation of what it means to be a woman, and particularly a woman soldier. Do women feel pressured to be "more masculine," to convey that they are not a threat to men's jobs or status and to avoid being perceived as lesbians? She also examines the role of gender and sexuality in the maintenance of the male-defined military institution, proposing that, more than sexual harassment or individual discrimination, it is the military's masculine ideology--which views military service as the domain of men and as a mechanism for the achievement of manhood--which serves to limit women's participation in the military has increased dramatically. In the wake of armed conflict involving female military personnel and several sexual misconduct scandals, much attention has focused on what life is like for women in the armed services. Few, however, have examined how these women negotiate an environment that has been structured and defined as masculine.

The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.

With the 2006 election of Michelle Bachelet as the first female president and women claiming fifty percent of her cabinet seats, the political influence of Chilean women has taken a major step forward. Despite a seemingly liberal political climate, Chile has a murky history on women's rights, and progress has been slow, tenuous, and in many cases, non-existent. Chronicling an era of unprecedented modernization and political transformation, Jadwiga E. Pieper Mooney examines the negotiations over women's rights and the politics of gender in Chile throughout the twentieth century. Centering her study on motherhood, Pieper Mooney explores dramatic changes in health policy, population paradigms, and understandings of human rights, and reveals that motherhood is hardly a private matter defined only by individual women or couples. Instead, it is intimately tied to public policies and political competitions on nation-state and international levels. The increased legitimacy of women's demands for rights, both locally and globally, has led to some improvements in gender equity. Yet feminists in contemporary Chile continue to face strong opposition from neoconservatism in the Catholic Church and a mixture of public apathy and legal wrangling over reproductive rights and health.

Susan Markens takes on one of the hottest issues on the fertility front—surrogate motherhood—in a book that illuminates the culture wars that have erupted over new reproductive technologies in the United States. In an innovative analysis of legislative responses to surrogacy in the bellwether states of New York and California, Markens explores how discourses about gender, family, race, genetics, rights, and choice have shaped policies aimed at this issue. She examines the views of key players, including legislators, women's organizations, religious groups, the media, and others. In a study that finds surprising ideological agreement among those with opposing views of surrogate motherhood, Markens challenges common assumptions about our responses to reproductive technologies and at the same time offers a fascinating picture of how reproductive politics shape social policy.