Law and Gender in Modern Ireland

Law and Gender in Modern Ireland
Author: Lynsey Black
Publisher: Bloomsbury Publishing
Total Pages: 385
Release: 2019-02-21
Genre: Law
ISBN: 1509917225

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.

Gender and Power in Irish History

Gender and Power in Irish History
Author: Maryann Gialanella Valiulis
Publisher:
Total Pages: 260
Release: 2009
Genre: History
ISBN:

This collection of articles poses the question: What can gender history add to the traditional narrative of Irish history? How can it help us to understand the ways in which power operated in and flowed through Irish society? It is premised on the assumption that men and women are actors in the creation of their society, influenced by the ideology of the period, but also challenging and resisting the assumptions and beliefs of their era. The articles included in this collection are far-ranging and thematically diverse, united by the common theme of gender. While women play a dominant role in its pages, it makes visible the power and presence of men. Sometimes implicit, sometimes explicit, the history written on these pages is a history of the ways in which women and men constructed, negotiated and made visible the roles, ideas and representations that governed their particular society. In so doing, it provides an alternative reading to the traditional narrative of Irish history. This book focuses mainly on the modern period and includes two articles from outside of Ireland which provides a comparative focus. It also includes a theoretical introductory section on the nature of gender history from three leading Irish historians.

Married Women and the Law in Premodern Northwest Europe

Married Women and the Law in Premodern Northwest Europe
Author: Cordelia Beattie
Publisher: Boydell Press
Total Pages: 262
Release: 2013
Genre: History
ISBN: 1843838338

Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries.

The Modern Family

The Modern Family
Author: Tim Bracken
Publisher:
Total Pages: 0
Release: 2016
Genre: Domestic relations
ISBN: 9781905536894

The Modern Family: Relationships and the Law explains in a concise and clear fashion the law as it relates to 'the family' and the relationship between its members. The definition of 'the family' has changed enormously over the past generation with the enactment of ground-breaking legislation which has redefined our legal understanding of what constitutes 'a family.' For example, the Marriage Act 2015, which recognizes full legal marriage between two persons of the same sex redefining the traditional definition of marriage; the Children and Family Relationships Act 2015 gives full legal recognition to children born as a result of IVF and their parents, who may not be the biological parents; the Gender Recognition Act 2015 allows transgendered persons to register their preferred gender and recognizes a marriage of a transgendered person subsequent to their change of gender. Furthermore, the law recognizes persons who live as a couple, with or without children, who are not married. The Modern Family: Relationships and the Law explains the rights and obligations of the modern Irish family. Issues such as taxation, children, relationship breakdown, rights of cohabitants, succession, IVF, and court procedures are all addressed. A useful Frequently Asked Questions is also included. This accessible book will be of great interest to members of the public seeking information on family-related legal matters, as well as for solicitors, barristers, and other legal professionals. [Subject: Family Law, Irish Law]

Law, Responsibility and Vulnerability

Law, Responsibility and Vulnerability
Author: James Gallen
Publisher: Routledge
Total Pages: 267
Release: 2021-09-30
Genre: Law
ISBN: 0429662963

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

New Beginnings

New Beginnings
Author: Bill Kissane
Publisher:
Total Pages: 0
Release: 2011
Genre: Constitutional history
ISBN: 9781906359515

"New Beginnings" covers Irish constitutional development from Home Rule to the Good Friday Agreement, focusing on turning points where radical constitutional change was discussed, attempted, or implemented. It asks what Irish constitution-makers were trying to do in drafting constitutional documents, or significantly amending existing constitutions. It deals with the 1919, 1922, and 1937 constitutions, debates over the 1937 constitution since 1969, and the 1998 Belfast peace agreement. Taking the relationship between constitutionalism and democracy as its key issue, it asks why Irish politicians have seen constitutions as ways of making democracy more manageable, rather than of furthering democracy. It is intended for students of politics and constitutional law, as well as the general reader, and written in an accessible style that assumes no prior knowledge of Irish constitutional history or law.

Northern / Irish Feminist Judgments

Northern / Irish Feminist Judgments
Author: Máiréad Enright
Publisher: Bloomsbury Publishing
Total Pages: 701
Release: 2017-02-09
Genre: Law
ISBN: 1509908943

The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast

'Rough Sex' and the Criminal Law

'Rough Sex' and the Criminal Law
Author: Hannah Bows
Publisher: Emerald Group Publishing
Total Pages: 211
Release: 2022-11-07
Genre: Social Science
ISBN: 180117928X

Bows and Herring expertly collate an extensive mix of perspectives on the topic of 'rough sex' to contribute to a powerful feminist investigation of this critical and timely debate.

Poetry, Politics, and the Law in Modern Ireland

Poetry, Politics, and the Law in Modern Ireland
Author: Adam Hanna
Publisher: Syracuse University Press
Total Pages: 258
Release: 2022-09-06
Genre: Literary Criticism
ISBN: 0815655584

Poetry, Politics, and the Law in Modern Ireland is a richly detailed exploration of how modern Irish poetry has been shaped by, and responded to, the laws, judgments, and constitutions of both of the island’s jurisdictions. Focusing on poets’ responses in their writing to such contentious legal issues as partition, censorship, paramilitarism, and the curtailment of women’s reproductive and other rights, this monograph is the first in the growing field of law and literature to focus exclusively on modern Ireland. Hanna unpacks the legal engagements of both major and non-canonical poets from every decade between the 1920s and the present day, including Rhoda Coghill, Austin Clarke, Paul Durcan, Elaine Feeney, Miriam Gamble, Seamus Heaney, Thomas Kinsella, Paula Meehan, Julie Morrissy, Doireann Ní Ghríofa, and W. B. Yeats. Poetry from the time of independence onwardhas been shaped by two opposing forces. On the one hand, the Irish public has traditionally had strong expectations that poets offer a dissenting counter-discourse to official sources of law. On the other hand, poets have more recently expressed skepticism about the ethics of speaking for others and about the adequacy of art in performing a public role. Hanna’s fascinating study illuminates the poetry that arises from these antithetical modern conditions.