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Law, Gender and Sexuality at the British Library

Published online by Cambridge University Press:  19 March 2015

Abstract

This article, by Jonathan Sims, is based on a presentation given at the national training day on Law, Gender and Sexuality: Sources and Methods in Socio-Legal Research in May 2014, jointly sponsored by the Institute of Advanced Legal Studies, the Socio-Legal Studies Association and the British Library. The article identifies library collections and resources which, beyond the scope of typical law collections, might be useful for broadly socio-legal academic research on intersections between law, gender and sexuality.

Type
Law, Gender and Sexuality: Sources and Methods in Socio-Legal Research
Copyright
Copyright © The Author(s) 2015. Published by British and Irish Association of Law Librarians 

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References

Footnotes

1 See for example Robson, Ruthann (ed.) Sexuality and the Law (Ashgate 2011)Google Scholar [BL: YC.2014.a.11498; YC.2014.a.11495 and YC.2014.a.11496] and Hunter, RosemaryThe Gendered socio of socio-legal studies” in Exploring the ‘socio' of socio-legal studies (Palgrave Macmillan 2013)Google Scholar [BL: SPIS 340.115]

2 Guides on the British Library website include Women's studies – e-resources www.bl.uk/eresources/ahsub/elecsuboff7.html#women; Women's Studies – reference sources and links www.bl.uk/reshelp/findhelprestype/refworks/women/womenfur/womenfur.html; Women's and Gender Studies bibliographies www.bl.uk/reshelp/findhelpsubject/socsci/womgenstud/womens.html [accessed 16 December 2014]

3 Rashida Manjoo is a lawyer appointed by the UN Human Rights Council in 2009 as UN Special Rapporteur on violence against women, its causes and consequences. See http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/RashidaManjoo.aspx The website also offers documentation on the treaty based human rights bodies and the Convention on the Elimination of All Forms of Discrimination against Women. [accessed 16 December 2014]

4 UN Office of the High Commissioner for Human Rights (OHCHR), Special Rapporteur on violence against women finalizes country mission to the United Kingdom and calls for urgent action to address the accountability deficit and also the adverse impacts of changes in funding and services, (15 April 2014), available at: http://www.refworld.org/docid/53ad3d2f4.html [accessed 16 December 2014]

5 22 Can. J. Women & L. 301 2010.

6 The British Library's News collections are introduced at http://www.bl.uk/subjects/news-media. [accessed 16 December 2014]

7 Hall, RadclyffeThe Well of Loneliness (Jonathan Cape, 1928)Google Scholar [BL: Cup 804 bb21]

8 UKPressOnline, freely accessible in the reading rooms, provides easy access to the front page of The Express, for Monday Aug 20 1928. The Sunday Express can be accessed in the Newsroom. For general guidance on news collections see http://www.bl.uk/subjects/news-media# [accessed 16 December 2014]

9 In 1988, section 28 of the Local Government Act, formerly clauses 14, 27 then finally 28 of the bill, prohibited any local authority from ‘promoting homosexuality’. Predating the provision on via www.parliament.uk, standing committee debates and bill versions can be accessed in the social-science reading room at the British Library in St.Pancras.

10 Kenny, Mary. “Save the children from sad, sordid sex lessons.Daily Mail [London, England] 4 June 1986Google Scholar: 6. Daily Mail Historical Archive. [Web. 16 December 2014.] For a list of full text news paper e-resources available in the reading rooms see http://www.bl.uk/eresources/newspapers/colindale2.html#Full [Web. 16 December 2014.]

11 Radio and TV channels covered by the Broadcast news service can be viewed at http://www.bl.uk/collection-guides/television-and-radio-news [accessed 16 Dec 2014]

12 [British Library Broadcast News service: France 24, La manifestation pour tous. Sun Feb 2nd 2014 17.00 to 19.59]

13 Several images of the events including Wilde's release, can be found in different issues of Illustrated Police News, Law Courts and Weekly Record which is available from Jan 05, 1867 – Dec 29, 1900 on Nineteenth Century British Newspapers Online, and free to use in the BL reading rooms.

14 Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 14 December 2014), May 1895, trial of OSCAR FINGAL O'FFLAHARTIE WILLS WILDE (40) ALFRED WATERHOUSE SOMERSET TAYLOR (33) (t18950520-425). http://www.oldbaileyonline.org/browse.jsp?id=def1-425-18950520&div=t18950520-425#highlight [accessed 14/12/2014]

15 Texts of the 1533 Act for the punishment of the vice of buggery (25 Hen 8 Cap 6), Offences Against Person Act 1861, and the Criminal Law Amendment Act 1885 (Section 11 gross indecency) , can be accessed through several channels. See for example the guide to UK Primary Legislation at http://www.bl.uk/reshelp/findhelprestype/offpubs/ukofficalpub/primleg/primelegislation.html [accessed 16 Dec. 2014]

16 [Yokel's preceptor: or, More sprees in London! Being a ... show-up of all the rigs and doings of the flash cribs in this great metropolis ... To which is added a Joskin's vocabulary of the various slang words now in constant use, etc.(H.Smith, 1855) [BL: Cup.364.ee.14 See pages 5–7.]

17 The Report of the committee on homosexual offences and prostitution, [Cmnd. 247. Sessional Papers 1956–57, vol. XIV.85], [BL: BS.Ref 1 for all sessional papers of UK parliament. These are also accessible on House of Commons Parliamentary Papers Online]. The original text of the finally ensuing Sexual Offences Act 1967 can be found in annual volumes of Public General Acts in the Social Sciences reading room. For access to collections containing other relevant preparatory parliamentary materials see Official publications collection guides http://www.bl.uk/reshelp/findhelprestype/offpubs/index.html [accessed 16/12/2014]

18 PRY, Paul, pseud. For Your Convenience. A learned dialogue, instructive to all Londoners & London Visitors, overheard in the Thélème Club and taken down verbatim by Paul Pry. (G. Routledge & Sons, 1937)Google Scholar [BL: 010349.aa.42]

19 Koyrev, Yuri PHOTO (COLOR): The next generation Afghan students study Islamic law on the grounds of Kabul University in “On His Own” by Baker, Aryn, Newton-Small, Jay & Fazly, Walid in “Time” (Atlantic overseas edition), (Amsterdam, 2012) Vol. 179 Issue 23 (11 June 2012), p16–23 [BL print edition: REG2368] The Chicago edition as rendered on EBSCOhost Business Source Complete and ProQuest ABI/INFORM Global New Platform does not run an article entitled On His Own.

20 https://books.google.com/ngrams [accessed 14/12/2014]

21 http://www.oldbaileyonline.org/index [accessed 14/12/2014] The Research and Study Guides section of the site offers separate pages on Gender and Homosexuality, as well as instruction on utilising the Old Bailey API and other tools, including links to the Data Mining with Criminal Intent project.

22 BL: X0205/205 (1970 – date) and X0205/204 (1972 – date) respectively.

23 Interview with Bruce O'Brien ca. 2010.

25 Lists of works including digests of religious and customary laws [BL: IOR/V/27] can be browsed on http://searcharchives.bl.uk. See also India Office Records: Arrangement of the Records, and List of Classes http://www.bl.uk/reshelp/findhelpregion/asia/india/indiaofficerecords/indiaofficearrangement/indiaofficearrangedrecord.html [accessed16 December 2014]

26 Papers at Mss Eur F165 include microfilmed official reports from Sorabji to the Court of Wards. See http://searcharchives.bl.uk

27 One example in which a family dispute over the custody of a girl following the father's death is considered in context of personal status and religious identity is Skinner v. Orde [1871] UKPC 66 http://www.bailii.org . For general information about the British Library collection see http://www.bl.uk/reshelp/findhelpsubject/busmanlaw/legalstudies/privycouncil/jcpc.html [accessed 16/12/2014]

29 Kerala Law Times [BL: P.P.7616.wq]. See for example M.Mustafa Ali Kahn Islamic Polygamy , 1989 (1) KLT J 47–58 and M. Fazlul Haq, Polygamy in Islam: misrepresented and ill-judged, 1990 (2) KLT J 14–18.

30 Supplementing availability on Hein Online recent issues of Islamic Law and Society are available from WZOR.1994.a.46.

31 Klarman, Michael J.From the closet to the altar: courts, backlash, and the struggle for same-sex marriage. (OUP, 2013)Google Scholar [BL: SPIS346.730168 & m12/.17665]

32 Ferrari, and Cristofori, (eds). Current issues in law and religion (Ashgate, 2013)Google Scholar [YC.2014.b.1793] (Volume IV of Library of Essays on Law and Religion)

33 Ingram, Martin Church courts, sex and marriage in England, 1570–1640 ( CUP 1987). [YH.1988.a.489 & 88/07539]

34 See for example “The Arraignment and Conviction of Mervin Lord Audley … rapine and sodomy …1631 …beheading …” Printed privately in 1642 [BL: Thomason collection E.84[2] & G.1019. Also available on Early English Books Online.] Many easily accessed trial details, classified and searchable by offence, are available on on www.oldbaileyonline.org

35 Sententien van den Hove van Holland, tegens verscheide Persoonen ter saake van gepleegde sodomie: in dato 5 October 1731. [BL: D.NA.4.]

36 United Nations Human Rights Council documents UNHRC, Twenty-sixth regular session (10 - 27 June 2014) “Report of the Special Rapporteur on violence against women, its causes and consequences” Rashida Manjoo (28/05/2014) UN Doc A/HRC/26/38 and “Report of the Working Group on the issue of discrimination against women in law and in practice - Thematic report” (1 April 2014) UN Doc A/HRC/26/39. Both of these reports can be found with minimal effort on the Office of High Commissioner for Human Rights website www.ohchr.org [both accessed 17 Dec 2014]

37 Guides to official publications for countries and international organisations are available at http://www.bl.uk/reshelp/findhelprestype/offpubs/index.html. [accessed 17 Dec 2014]

38 E-resources for governmental and intergovernmental organisations are listed and linked at http://www.bl.uk/eresources/socsci/hub.html [accessed 17 Dec 2014]

39 OECD Development Centre/OECD (2012), “Gender, Institutions and Development”, in OECD International Development Statistics (database). doi: 10.1787/data-00026-en e via OECD i-Library. Free in the BL reading rooms. Separately, the free online OECD Gender Data Portal provides, for example, indicators on inequalities in education, employment and entrepreneurship. http://www.oecd.org/statistics/datalab/gender-data-portal.htm [both accessed 17 May 2014]

40 Uganda, Anti-Homosexuality bill (Bill No.18 of 2009), Bills Supplement No.13 to Uganda Gazette No.47 Volume CII. (25 September 2009); Marriage and Divorce bill (No.19 of 2009) Bills Supplement No.14 to Uganda Gazette No.51 Vol. CII. (16 October 2009) [BL: CSC 251/6]

41 For UK official publications beyond the scope of those covered by the collections guides linked at http://www.bl.uk/reshelp/findhelprestype/offpubs/ukofficalpub/ukpublications.html please search the catalogue at http://explore.bl.uk or contact the Social Sciences Reference Service. [accessed 17 Dec 2014]

42 For example Semugoma, P; Beyrer, C; Baral, (2012) Assessing the effects of anti-homosexuality legislation in Uganda on HIV prevention, treatment, and care services in “S. Sahara Journal of the Social Aspects of HIV/AIDS”, 9(3): pp. 173176Google ScholarPubMed. Online subscription sources Africa Wide and Sabinet are both accessible without charge in the reading rooms.

43 Centres for Disease Control - Washington, D.C Morbidity and Mortality Weekly Report (June 5th 1981) [BL: 5966.650000]

44 Sisters of Perpetual Indulgence Play Fair (San Fansisco, 1982), 1 folded sheet : illustrated; 54 x 15 cm. folded to 9 x 15 [BL: YD2011a3379.]

45 See for example Government Information about AIDS [HSSH/1/44/87A] Information about obtaining items from the British Library's Central Office of Information archive is available, with a searchable database, at http://www.bl.uk/reshelp/findhelprestype/offpubs/ukofficalpub/cofficeinfo/centraloffice.html]

46 Abstracting, indexing and full text journal databases freely available in the reading rooms for STM literature can be viewed at http://www.bl.uk/eresources/science/datasub1.html [accessed 16 Dec 2014]

47 Krafft-Ebing, Richard von (1886) Psychopathia Sexualis. Eine klinische-forensische studie. Stuttgart. [BL:7641.ff.29]; Krafft-Ebing, Richard von [translated by Francis J. Rebman] (1899) Psychopathia sexualis, with especial reference to antipathic sexual instinct ... The only authorised English translation of the tenth German edition. London. [BL:Cup.363.ff.22]; For an overview of related topics and archival material see Bland, Lucy & Doan, LauraSexology uncensored : the documents of sexual science (Polity Press, 1998)Google Scholar [BL:YC.2001.a.19420] and Wellcome Institute (2014) Sex: archive and manuscript sources in the Wellcome Library http://wellcomelibrary.org/content/documents/31302/sex-archives.pdf [accessed 17 Dec 2014]

48 Henry Havelock Ellis (1897) Studies in the psychology of sex. Vo. 1. Sexual inversion. [BL:Cup.364.b.1.]

49 Criminal Law Amendment Bill. HL Bills (1921): 8, a–d etc; 21, a–b & 22. [BL: BS 96/1. For all HL bill printings]; Hansard: HC Deb 4.8.1921, Vol. 145, cols.1799–1807; HL Deb 15.8.1921, Vol. 46 cols. 567–577. [BL: BS. Ref. 13 and 14]

50 Mr Macquisten (MP, Grays Inn), HC Deb, 4.8.1921, vol.145. col.1799]

51 Ellis, Havelock (1912) The task of social hygiene. London. [BL: 08275.cc.55]

52 HC Deb 4.8.1921, Vol. 145, col. 1805.

53 Orlando Project: Women's writing in the British Isles from the Beginnings to the present. This online Subscription resource is free to access at the British Library.

54 Frank Mort and Lucy Bland in conversation at the Institute of Contemporary Arts, London, England (19/11/1987). [BL: C95/323] Also freely available online on BL Sounds: ICA Talks: choose Subject: Gender Studies. http://sounds.bl.uk/Arts-literature-and-performance/ICA-talks [accessed 17.12.2014]

55 BL: Add MS 58447–58770.

56 See for example Amnesty International (2009) The total abortion ban in Nicaragua: women's lives and health endangered, medical professions criminalized preserved http://www.webarchive.org.uk/wayback/archive/20121230000143/http://www.amnesty.org.uk/content.asp?CategoryID=12075#abortion [accessed 16 Dec. 2014]

57 Herman Peter Tarnesby (Appeal No. 21 of 1969) v General Medical Council (Disciplinary Committee of the General Medical Council) [1970] UKPC 21 (20 July 1970) and Parviz Faridian (Appeal No. 20 of 1969) v General Medical Council (Disciplinary Committee of the General Medical Council) [1970] UKPC 22 (22 July 1970) Judgments are easily obtained from BAILII. Printed Record of Proceedings can be retrieved via the Social Science Reference Service from shelf mark pp1316. A brief guide to the collection is online at http://www.bl.uk/reshelp/findhelpsubject/busmanlaw/legalstudies/privycouncil/jcpc.html [accessed 16 Dec 2014]

58 In addition to the copy filed as an exhibit in the proceedings, copies of the similarly titled work can be identified in the British Library catalogue: Tarnesby, Herman PeterAbortion explained: [a Sunday Times guide to abortion within the law]. (Sphere Books, 1969)Google Scholar [BL: X.529/10045; X.519/17996. and document supply copy W31/0776] Cataloguing practice tends to draw the title information from the title page rather than the cover. It is not known whether the text of the copy submitted as evidence differs from that of the catalogued items.

59 See for example AeschylusThe Oresteia translated by Robert Fagles (Penguin, 1979)Google Scholar [BL: YC.2005.a.3170] or The laws [of] Plato; translated with an introduction by Trevor J. Saunders. (Penguin, 1970)Google Scholar [BL: X.519/10242] For commentary see for example. Cohen, D (1987) The legal Status and political role of women in Plato's Laws, In “Revue internationale des droits de l'antiquité” 3e série. RIDA 34 (1987), pp27 – 40. [BL : 7924.698000 or P.P.1898.hab]

60 Resources for biographical research at the British Library have been covered in an earlier article in this publication.

61 Arnot, M. (2008) Images of Motherhood: achieving justice in C19th infanticide cases. (conference abstract - Socio-legal studies and the humanities – parallel session 4 Wed 5th November, 2008) Various inscriptions of the Medea story published between the 16th and 21st centuries, and including English translations, can be found in the catalogue.

62 FITZROY, A. T., pseud. [i.e. Rose Laure Allatini, afterwards Scott] Despised & Rejected. [A novel.] (C. W. Daniel, 1918)Google Scholar [BL: Cup.403.c.26.]

63 Nicholson, Steve. The censorship of British Drama 1900–1968. Volume three: the fifties. (University of Exeter Press, 2011Google Scholar) p.56 [BL: YC.2011.a.16019 ]

64 See Manuscripts Collections Reader Guide 3: the play collections http://www.bl.uk/reshelp/pdfs/readerguide3.pdf [accessed 17 Dec 2014]

65 For some commentary on this issue see, [accessed 17 Dec 2014], http://www.bl.uk/onlinegallery/takingliberties/staritems/619wolfendenreport.html

66 See Nicholson (2011) in general. See above note for reference.

67 Correspondence cited in Nicholson (2011) p83. See earlier note.

68 Nicholson (2011) pp.54–56. See earlier note.

69 Nicholson (2011). p.110. See earlier note.

70 The list of plays refused a licence includes: in 1915 Sapho, Outraged Women, Her wedding night, and Twin Beds, in 1918 His Childless Life, in 1925 Harem, in 1931 Lysistrata, and in 1932 I hate men.

71 Nicholson (2011). p.54. See earlier note.

72 Homosexual Law Reform Society: Homosexuals and the law (1959) [BL: 8296.a.13.]; Spectrum A.T./ H.L.R.S. Newsletter (1963–) [BL: Cup.364.ff.1.] ; Miscellaneous pamphlets and leaflets.1965 – [BL: Cup.702.dd.1]; Report, (1963–66 etc.). [BL: P.201/52]

73 Vriendschap: Maanblad voor de leden van het Cultuur- en ontspanningscentrum. (Amsterdam, 1950–1954 )Google Scholar [BL: Cup.820.cc.17]. Read more on the at http://britishlibrary.typepad.co.uk/european/2014/02/childrens-book-author-wins-lgbt-award.html [accessed 17 Dec 2014]

74 The correspondence file is available from LCP Corr 1965/469. Gillman, B.C. (Assistant Comptroller) in a letter dated 16 May 1965 states that the Chamberlain would be prepared to consider a licence if these major themes were eradicated, a castration scene deleted and the references to whores and brothels were reduced.

75 The catalogue for the 2014 exhibition Comics Unmasked: Art and Anarchy in the UK can be retrieved from the catalogue. Gravett, Paul and Dunning, John Comics unmasked (British Library, 2014) [LC.31.b.13581] Exhibition items and commentary including Obscenity trials of the 1970s may also be explored online at http://www.bl.uk/art-and-anarchy-in-british-comics [accessed 28 Nov. 2014]

76 Charles Shaar Murray and Floyd Hughes Friday Night at the Boozer in “AARGH!” (Artists Against Rampant Government Homophobia, 1988) was a benefit comic in aid of an organisation opposing the legislation.

77 Steve Bell Unstoppable If…, (2001) [BL: YK.2002.a.12444.]

78 Quotations from curator's label for exhibition item: Committed Comix: It Don't Come Easy (1977) by Eric Presland and Julian Howell [BL: Cup.821.dd.150.[C]]

79 See collection guide at http://www.bl.uk/reshelp/findhelprestype/news/zines(part1)/zines1.html [accessed 17 Dec 2014]

80 The Hall-Carpenter Oral History archive [C456], The Millthorpe Project: Interviews with Lesbian, Gay, Bisexual and Trans Trade Unionists [C1405], The Listening Project [C1500/0041] (BBC Radio Humberside 2012-04-06: Michelle has known since the age of 5 that she wanted to be ‘Michelle’, - Michelle and Cilla discuss how their friendship has helped her deal with everyday abuse and a crisis of identity.) Before Stonewall: A Lesbian, Gay, Bisexual and Transgendered Oral History (206 recordings) [C1159].

81 Guides to oral history collections: Sexuality, reproductive health and prostitution http://www.bl.uk/reshelp/findhelprestype/sound/ohist/ohcoll/ohsex/sexuality.html Oral history, Women's history www.bl.uk/reshelp/findhelprestype/sound/ohist/ohcoll/womenshistory/womenshistory.html Guide to Radio recordings: http://www.bl.uk/reshelp/findhelprestype/sound/radio/radio.html [accessed 17 Dec 2014]