Feminism, Law, Inclusion

Feminism, Law, Inclusion
Author: Gayle Michelle MacDonald
Publisher: Canadian Scholars’ Press
Total Pages: 257
Release: 2005
Genre: Feminism
ISBN: 1894549457

The contributions to this collection are written by legal advocates, community activists and legal scholars. The ten essays examine theories of intersectionality to demonstrate how race, class, sexual orientation, gender and identity have been integrated into legal scholarship and activism in an attempt to shape legal policy and practice.

Making All the Difference

Making All the Difference
Author: Martha Minow
Publisher: Cornell University Press
Total Pages: 420
Release: 2016-10-01
Genre: Law
ISBN: 1501705091

Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,

Feminist Legal Theory

Feminist Legal Theory
Author: Katherine Bartlett
Publisher: Routledge
Total Pages: 785
Release: 2018-02-19
Genre: Social Science
ISBN: 0429980116

This book offers powerful analyses of the relationship between law and gender and new understandings of the limits of, and opportunities for, legal reform drawn from the experiences of women and from critical perspectives developed within other disciplines.

Special Issue

Special Issue
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 262
Release: 2016-02-17
Genre: Law
ISBN: 1785607820

This volume carefully examines the relationship between gender, equality, and power across an array of realms: sex, reproduction, pleasure, work, money. It identifies social, political, economic, developmental, and psychological and somatic forces, operating both internally and externally, that complicate the expression and constraint of power.

The Ashgate Research Companion to Feminist Legal Theory

The Ashgate Research Companion to Feminist Legal Theory
Author: Vanessa E. Munro
Publisher: Routledge
Total Pages: 548
Release: 2016-04-01
Genre: Law
ISBN: 1317043413

As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.

Postmodern Legal Feminism

Postmodern Legal Feminism
Author: Mary Joe Frug
Publisher: Routledge
Total Pages: 251
Release: 2014-02-04
Genre: Law
ISBN: 1136643451

Mary Joe Frug charts a course for future feminist thinking about law. She identifies the political and theoretical limitations of earlier strands of legal feminism and demonstrates why postmodernism offers more hope for women in law.

Feminist Perspectives on The Foundational Subjects of Law

Feminist Perspectives on The Foundational Subjects of Law
Author: Anne Bottomley
Publisher: Cavendish Publishing
Total Pages: 312
Release: 1996-03-13
Genre: Law
ISBN: 1843142708

The essays in this volume fall within a chapter on one of the foundational law subjects on the degree syllabus, and aim to provide an account of feminist approaches to each of the following areas: contracts, torts, land law, equity and trusts, criminal law, public law, and European law.

Choice and Consent

Choice and Consent
Author: Rosemary Hunter
Publisher: Routledge
Total Pages: 192
Release: 2007-12-04
Genre: Law
ISBN: 1135331197

This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

The boundaries of international law

The boundaries of international law
Author: Hilary Charlesworth
Publisher: Manchester University Press
Total Pages: 431
Release: 2022-04-19
Genre: Law
ISBN: 152616356X

In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike.