Feminist Perspectives On The Foundational Subjects Of Law
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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.
Author | : Anne Bottomley |
Publisher | : Routledge |
Total Pages | : 300 |
Release | : 1996 |
Genre | : Law |
ISBN | : 1859411940 |
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. The text uses historical and comparative analysis, political philosophy, legal theory and different literary styles to explore both law and feminist theory.
Author | : Lois Bibbings |
Publisher | : Routledge |
Total Pages | : 554 |
Release | : 2013-03-04 |
Genre | : Law |
ISBN | : 1135343713 |
Criminal law has traditionally been taught and analysed as if the gender of criminals and their victims is irrelevant. It has also been taught and analysed as if criminal law doctrine has no connection with questions of criminalisation,crime detection, decisions to charge and prosecute, lawyers trial tactics, decisions as to guilt and sentencing policy and practice, all of which are significantly affected by gender.This book seeks to fill these gaps by looking at the major areas in which gender affects the way that suspected criminals and their victims are treated by the criminal justice system. However, this book is not just a supplement to traditional criminal law discourse. It is a dangerous supplement, in that the focus on gender challenges laws claim to neutrality and even-handed justice.The essays in this book establish that, not only does the law frequently fail to offer women the sort of protection from male violence and sexual invasion that they need, but it continues to discriminate on grounds of gender. Even when discriminating in favour of women, it does so in ways that reinforce dangerous gender stereotypes. More specifically, both criminal law doctrine and criminal justice personnel apply and reinforce ideas, on the one hand, of female passivity, irrationality and proneness to illness, and, on the other, of natural male aggression - both physical and sexual.
Author | : Janice Richardson |
Publisher | : Routledge |
Total Pages | : 269 |
Release | : 2013-03-04 |
Genre | : Law |
ISBN | : 1135343586 |
This collection of essays on feminist legal theory therefore provides an interdisciplinary approach, drawn not only from law and philosophy, but also from cultural and womens studies.
Author | : Susan Millns |
Publisher | : Routledge |
Total Pages | : 325 |
Release | : 2013-03-04 |
Genre | : Law |
ISBN | : 1135345546 |
Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.
Author | : Mary Childs |
Publisher | : Routledge |
Total Pages | : 531 |
Release | : 2000-12-19 |
Genre | : Law |
ISBN | : 1135343640 |
Questions of evidence and proof are fundamental to the operation of substantive law and to our understanding of law as a social practice. The study of evidence involves issues of central concern to feminist scholars,including matters of epistemology, psychology, allocation of risk and responsibility. Debates about evidence, like debates about feminism, involve questioning ideas of rationality and truth, as well as claims to knowledge both by and about men and women. Social constructions of gender are reflected both explicitly and implicitly in evidential rules and in the way in which evidence is received and understood by judges, jurors and magistrates. Feminist evidence scholarship is a relatively new but rapidly developing field. This collection brings together previously unpublished work by feminist legal scholars from different jurisdictions. In these essays, they explore the contributions of feminist theory and methodology to the understanding of the law of evidence.
Author | : Linda Mulcahy |
Publisher | : Psychology Press |
Total Pages | : 193 |
Release | : 2005 |
Genre | : Contracts |
ISBN | : 1859417426 |
This edited collection questions the assumptions about feminist perspectives on contract law made in mainstream textbooks and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse.
Author | : Katherine Bartlett |
Publisher | : Routledge |
Total Pages | : 459 |
Release | : 2018-02-19 |
Genre | : Social Science |
ISBN | : 0429969031 |
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.
Author | : Hilaire Barnett |
Publisher | : Routledge |
Total Pages | : 364 |
Release | : 2013-09-05 |
Genre | : Law |
ISBN | : 1135350582 |
"First Published in 1998, Routledge is an imprint of Taylor & Francis, an informa company."
Author | : Judith A. Baer |
Publisher | : Princeton University Press |
Total Pages | : 295 |
Release | : 1999-08-16 |
Genre | : Law |
ISBN | : 1400823331 |
According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism. Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility. In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions. The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women. Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.