LAW-AND-GENDER

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Feminist Legal Theory

Author : Katherine Bartlett
ISBN : 9780429980114
Genre : Social Science
File Size : 67.5 MB
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The emergence of feminist legal theory has reshaped people's understanding of the law and its potential for reforming social and political norms. This collection includes both classic and new papers of feminist work in philosophy, psychoanalysis, political theory and literary criticism.
Category: Social Science

Law And Gender Inequality

Author : Flavia
ISBN : STANFORD:36105028473192
Genre : Law
File Size : 33.42 MB
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This book provides an invaluable analysis of the current trends of the debate on Uniform Civil Code located within a highly charged and communally vitiated political scenario. It goes on to expose the communal undertones of some recent well published judicial pronouncements.
Category: Law

Law And Gender

Author : Joanne Conaghan
ISBN : 9780191651588
Genre : Law
File Size : 83.84 MB
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Gender is an increasingly prominent aspect of the contemporary debate and discourse around law. It is curious that gender, while figuring so centrally in the construction and organization of social life, is nevertheless barely visible in the conceptual armoury of law. In the jurisprudential imagination law is gender-less; as a result legal scholarship for the most part continues to hold on to the view that gender plays little or no role in the conceptual make-up, normative grounding, or categorical ordering of law. The official position is that the idea of law and legal fundamentals are, or at least ought to be, gender-independent. This book challenges these long-held assumptions. Exploring the relationship between law and gender it takes gender as a core concept and analytical tool and examines how law is conceptualized, organized, articulated, and legitimated. How can gender be given meaning in legal texts, doctrine, and practices, and how can gender operate within the law while simultaneously appearing to be outside it? The relationship between gender and the law is relevant to virtually all areas of law including in particular criminal law, tort law, family law, employment law, and human rights. Increasingly issues of gender are perceived as the concern of all, reflecting broader debates in the law, including those of equality and sexuality. Covering the key theoretical and substantive areas of jurisprudence, this volume by Joanne Conaghan will be essential reading for all interested in gender studies and legal theory more widely. It offers a clear, concise introduction to gender studies and central feminist concerns for a legal readership.
Category: Law

Men Law And Gender

Author : Richard Collier
ISBN : 9781135309213
Genre : Law
File Size : 28.66 MB
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What does it mean to speak of ‘men’ as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the ‘man’ of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men’s legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Including original empirical studies of male lawyers, the legal profession and fathers’ rights and law reform, alongside discussions of university law schools and legal academics, and family policy and parenting cultures, this innovative, timely and important text provides a unique and important insight into the relationship between law, men and masculinities. It will be required reading for academics and students in law and legal theory, socio-legal studies, gender studies, sociology and social policy, as well as policy-makers and others concerned with the changing nature of gender relations.
Category: Law

Law And Gender In Modern Ireland

Author : Lynsey Black
ISBN : 9781509917228
Genre : Law
File Size : 29.17 MB
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Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.
Category: Law

Morality Tales

Author : Leslie Peirce
ISBN : 0520926978
Genre : History
File Size : 45.7 MB
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In this skillful analysis, Leslie Peirce delves into the life of a sixteenth-century Middle Eastern community, bringing to light the ways that women and men used their local law court to solve personal, family, and community problems. Examining one year's proceedings of the court of Aintab, an Anatolian city that had recently been conquered by the Ottoman sultanate, Peirce argues that local residents responded to new opportunities and new constraints by negotiating flexible legal practices. Their actions and the different compromises they reached in court influenced how society viewed gender and also created a dialogue with the ruling regime over mutual rights and obligations. Locating its discussion of gender and legal issues in the context of the changing administrative practices and shifting power relations of the period, Morality Tales argues that it was only in local interpretation that legal rules acquired vitality and meaning.
Category: History

Human Rights And Gender Violence

Author : Sally Engle Merry
ISBN : 0226520757
Genre : Social Science
File Size : 47.83 MB
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Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
Category: Social Science

Refugees And Gender

Author : Heaven Crawley
ISBN : 0853086907
Genre : Law
File Size : 56.91 MB
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Refugees and Gender: Law and Process examines how those representing asylum seekers can ensure that all gender-related aspects of an asylum claim are considered and appropriately reflected in the determination process. The book aims to provide a comprehensive understanding of the concepts of gender-related persecution, as well as a gendered framework for the interpretation of the key elements of the 1951 Refugee Convention. Detailed information is provided on the implications of gender in asylum law, policy and practice in the UK, with comparative case-law and materials from other countries including Canada, US and Australia. Refugees and Gender: Law and Process provides a theoretical overview, an outline of case-law and a practical resource which is intended to improve standards of representation and decision-making, and to increase awareness of the gendered experiences of refugees facing persecution.
Category: Law

The Illegal City

Author : Ayona Datta
ISBN : 9781317027935
Genre : Social Science
File Size : 24.41 MB
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The Illegal City explores the relationship between space, law and gendered subjectivity through a close look at an 'illegal' squatter settlement in Delhi. Since 2000, a series of judicial rulings in India have criminalised squatters as 'illegal' citizens, 'encroachers' and 'pickpockets' of urban land, and have led to a spate of slum demolitions across the country. This book argues that in this context, it has become vital to distinguish between illegality and informality since it is those 'illegal' slums which are at the receiving end of a 'force of law', where law is violently encountered within everyday spaces. This book uses a gendered intersectional lens to explore how a 'violence of law' shapes how 'public' subjectivities of gender, class, religion and caste are encountered and negotiated within the 'private' spaces of home, family and neighbourhood. This book suggests that resettlement is not a condition that squatters desire; rather something that is seen as the only way out of the 'illegal' city. The wait for resettlement is a temporal space of anxiety and uncertainty, where particular kinds of politics around law, space and gender takes shape, which transform squatters' relations with the state, urban development, civil society, and with each other. Through their everyday struggles around water, sanitation, social and political organisation and the transformation of their homes and families, this book shows that the desire for the 'legal city' is also the irony and utopia of home, which will remain an incomplete gendered project - both for the state and for squatters.
Category: Social Science

Justice And Gender

Author : Deborah L. RHODE
ISBN : 9780674042674
Genre : Law
File Size : 73.87 MB
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This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota
Category: Law