¹ Otto, D and Grear, A ‘International law, social change and resistance: a conversation between Professor Anna Grear (Cardiff) and Professorial Fellow Dianne Otto (Melbourne)’ (2018) 26 FLS 351Google Scholar at 359.

² Naffine, N Criminal Law and the Man Problem (Oxford: Hart Publishing, 2019) p 183CrossRefGoogle Scholar.

³ Conaghan, J Law and Gender (Oxford: Oxford University Press, 2013)CrossRefGoogle Scholar.

⁴ Rackley, E and Auchmurty, R Women's Legal Landmarks: Celebrating the History of Women and Law in the UK and Ireland (Oxford: Hart Publishing, 2018)Google Scholar.

⁵ See Hunter, R et al. Feminist Judgments: From Theory to Practice (Oxford: Hart Publishing, 2010)Google Scholar and the multiple Feminist Judgments texts that have followed this project.

⁶ Naffine, above n 2, p 4.

⁷ Ibid, p 35.

⁸ Ibid, p 32.

⁹ Ibid, p 81.

¹⁰ Ibid, p 82, p 89.

¹¹ Ibid, p 76, p 106.

¹² Ibid, p 22, but note that Naffine is clear that a series of ‘satellite laws’, such as assault, are also associated with the marital rape exemption.

¹³ [1975] UKHL 3.

¹⁴ Halisham LJ, 14 in Naffine, above n 2, p 10.

¹⁵ Naffine, above n 2, p 11.

¹⁶ Ibid, p 7.

¹⁷ Ibid, p 18.

¹⁸ Ibid, p 3.

¹⁹ Duff, in ibid, p 21.

²⁰ Ibid, p 3.

²¹ As explored in depth in relation to G v G [1924] AC 349, ibid, p 91. However, when these naturalist justifications fail, particularly when law's brutality is revealed – as in the case of R v Clarence (1888) 22 QBD 23 in which Clarence's conviction for inflicting grievous bodily harm on his wife by transmission of gonorrhoea was overturned – Naffine shows how jurists and judges were willing to adopt a strict positivist stance rather than facing the contradictions inherent in the supposedly ‘natural’ legal position of men and women. This allowed the justification for immunity to remain a moving target dependent upon the legal horizon in view.

²² Ibid, p 87, p 136.

²³ Eg Samuels, H ‘International Women's Day 2019: in conversation with Harriet Wistrich’ (2019) 27 FLS 311Google Scholar at 315; Milne, E ‘Concealment of birth: time to repeal a 200-year-old “convenient stop-gap”?’ (2019) 27 FLS 139Google Scholar; Douglas, H ‘Battered women's experiences of the criminal justice system: decentring the law’ (2012) 20 FLS 121Google Scholar; Tapia, S Tapia ‘Feminism and penal expansion: the role of rights-based criminal law in post-neoliberal Ecuador’ (2018) 26 FLS 285Google Scholar; Kim, ME ‘Anti-carceral feminism: the contradictions of progress and the possibilities of counter-hegemonic struggle’ (2019) Affilia 1Google Scholar; Richie, BE and Martensen, KM ‘Resisting carcerality, embracing abolition: implications for feminist social work practice’ (2020) 35 Affilia 12CrossRefGoogle Scholar.

²⁴ Naffine, above n 2, p 121, p 136.

²⁵ Ibid, p 187.

²⁶ Eg Galloway, K ‘The role of Pateman's sexual contract in beneficial interests in property’ (2019) 27 FLS 263Google Scholar.

²⁷ There is also space here to consider women who challenged regimes of gender or civilisation, although this is less central to the focus on the male criminal legal subject.

²⁸ Naffine, above n 2, pp 145–146.

²⁹ Ibid, p 146.

³⁰ Dudgeon v UK (1981) 3 EHRR 40; Toonen v Australia, CCPR/C/50/D/488/1992; UN Human Rights Committee (HRC), 4 April 1994.

³¹ See for example the work of Queer Beyond London, at http://queerbeyondlondon.com/about/.

³² Weber, C Queer International Relations: Sovereignty, Sexuality and the Will to Knowledge (Oxford: Oxford University Press, 2016) p 6Google Scholar.

³³ Naffine, above n 2, p 35.

³⁴ Ibid, p 123.

³⁵ Ibid, p 59.

³⁶ Benton, L and Ford, L Rage for Order The British Empire and the Origins of International Law, 1800–1850 (Harvard University Press, 2016)CrossRefGoogle Scholar.

³⁷ Kirby, M ‘The sodomy offence: England's least lovely criminal law export?’ in Lennox, C and Waites, M (eds), Human Rights, Sexual Orientation and Gender Identity in The Commonwealth: Struggles for Decriminalisation and Change (London: Institute of Commonwealth Studies, 2013) p 65Google Scholar.

³⁸ Anghie, A Imperialism, Sovereignty and the Making of International Law (Cambridge: Cambridge University Press, 2007)Google Scholar.

³⁹ Naffine, above n 2, p 30.

⁴⁰ In an immigration law context see El-Enany, N Bordering Britain: Law, Race and Empire (Manchester: Manchester University Press, 2020)Google Scholar; see also Williams, P and Clarke, B ‘The black criminal other as an object of social control’ (2018) 7 Social Sciences 1CrossRefGoogle Scholar.

⁴¹ Naffine, above n 2, p 139.

⁴² Ibid, p 187.