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Gendered Justice in the American West
Women Prisoners in Men's Penitentiaries
Anne M. Butler
University of Illinois Press, 1997
 In this shocking study, Anne M. Butler shows that the distinct gender disadvantages already faced by women within western society erupted into intense physical and mental violence when they became prisoners in male penitentiaries. 
 
Drawing on prison records and the words of the women themselves, Gendered Justice in the American West places the injustices women prisoners endured in the context of the structures of male authority and female powerlessness that pervaded all of American society. Butler's poignant cross-cultural account explores how nineteenth-century criminologists constructed the "criminal woman"; how the women's age, race, class, and gender influenced their court proceedings; and what kinds of violence women inmates encountered. She also examines the prisoners' diet, illnesses, and experiences with pregnancy and child-bearing, as well as their survival strategies.
 
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I Ask for Justice
Maya Women, Dictators, and Crime in Guatemala, 1898–1944
By David Carey Jr.
University of Texas Press, 2013

This study of the Guatemalan legal system during the regimes of two of Latin America’s most repressive dictators reveals the surprising extent to which Maya women used the courts to air their grievances and defend their human rights.

Winner, Bryce Wood Book Award, Latin American Studies Association, 2015

Given Guatemala’s record of human rights abuses, its legal system has often been portrayed as illegitimate and anemic. I Ask for Justice challenges that perception by demonstrating that even though the legal system was not always just, rural Guatemalans considered it a legitimate arbiter of their grievances and an important tool for advancing their agendas. As both a mirror and an instrument of the state, the judicial system simultaneously illuminates the limits of state rule and the state’s ability to co-opt Guatemalans by hearing their voices in court.

Against the backdrop of two of Latin America’s most oppressive regimes—the dictatorships of Manuel Estrada Cabrera (1898–1920) and General Jorge Ubico (1931–1944)—David Carey Jr. explores the ways in which indigenous people, women, and the poor used Guatemala’s legal system to manipulate the boundaries between legality and criminality. Using court records that are surprisingly rich in Maya women’s voices, he analyzes how bootleggers, cross-dressers, and other litigants crafted their narratives to defend their human rights. Revealing how nuances of power, gender, ethnicity, class, and morality were constructed and contested, this history of crime and criminality demonstrates how Maya men and women attempted to improve their socioeconomic positions and to press for their rights with strategies that ranged from the pursuit of illicit activities to the deployment of the legal system.

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Ilse Koch on Trial
Making the “Bitch of Buchenwald”
Tomaz Jardim
Harvard University Press, 2023

An authoritative reassessment of one of the Third Reich’s most notorious war criminals, whose alleged sexual barbarism made her a convenient scapegoat and obscured the true nature of Nazi terror.

On September 1, 1967, one of the Third Reich’s most infamous figures hanged herself in her cell after nearly twenty-four years in prison. Known as the “Bitch of Buchenwald,” Ilse Koch was singularly notorious, having been accused of owning lampshades fabricated from skins of murdered camp inmates and engaging in “bestial” sexual behavior. These allegations fueled a public fascination that turned Koch into a household name and the foremost symbol of Nazi savagery. Her subsequent prosecution resulted in a scandal that prompted US Senate hearings and even the intervention of President Truman.

Yet the most sensational atrocities attributed to Koch were apocryphal or unproven. In this authoritative reappraisal, Tomaz Jardim shows that, while Koch was guilty of heinous crimes, she also became a scapegoat for postwar Germans eager to distance themselves from the Nazi past. The popular condemnation of Koch—and the particularly perverse crimes attributed to her by prosecutors, the media, and the public at large—diverted attention from the far more consequential but less sensational complicity of millions of ordinary Germans in the Third Reich’s crimes.

Ilse Koch on Trial reveals how gendered perceptions of violence and culpability drove Koch’s zealous prosecution at a time when male Nazi perpetrators responsible for greater crimes often escaped punishment or received lighter sentences. Both in the international press and during her three criminal trials, Koch was condemned for her violation of accepted gender norms and “good womanly behavior.” Koch’s “sexual barbarism,” though treated as an emblem of the Third Reich’s depravity, ultimately obscured the bureaucratized terror of the Nazi state and hampered understanding of the Holocaust.

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The War on Sex
David M. Halperin and Trevor Hoppe, editors
Duke University Press, 2017
The past fifty years are conventionally understood to have witnessed an uninterrupted expansion of sexual rights and liberties in the United States. This state-of-the-art collection tells a different story: while progress has been made in marriage equality, reproductive rights, access to birth control, and other areas, government and civil society are waging a war on stigmatized sex by means of law, surveillance, and social control. The contributors document the history and operation of sex offender registries and the criminalization of HIV, as well as highly punitive measures against sex work that do more to harm women than to combat human trafficking. They reveal that sex crimes are punished more harshly than other crimes, while new legal and administrative regulations drastically restrict who is permitted to have sex. By examining how the ever-intensifying war on sex affects both privileged and marginalized communities, the essays collected here show why sexual liberation is indispensable to social justice and human rights.
 
Contributors. Alexis Agathocleous, Elizabeth Bernstein, J. Wallace Borchert, Mary Anne Case, Owen Daniel-McCarter, Scott De Orio, David M. Halperin, Amber Hollibaugh, Trevor Hoppe, Hans Tao-Ming Huang, Regina Kunzel, Roger N. Lancaster, Judith Levine, Laura Mansnerus, Erica R. Meiners, R. Noll, Melissa Petro, Carol Queen, Penelope Saunders, Sean Strub, Maurice Tomlinson, Gregory Tomso
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