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Feminism, Law, Inclusion by Gayle Michelle MacDonald,Rachel L. Osborne,Charles Smith Pdf
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.
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 : Brenda Cossman,Judy Fudge Publisher : University of Toronto Press Page : 512 pages File Size : 49,5 Mb Release : 2002-01-01 Category : Law ISBN : 0802085091
Privatization, Law, and the Challenge to Feminism by Brenda Cossman,Judy Fudge Pdf
Examining eight case studies on the role of law in various arenas, this collection of essays addresses the reconfiguration of the relations between the state, the market, and the family caused by privatization.
At the Boundaries of Law (RLE Feminist Theory) by Martha Albertson Fineman,Nancy Sweet Thomadsen Pdf
Feminists have recently begun to challenge the powerful influence of the law on the social and cultural construction of women’s roles, identities, and rights. At the Boundaries of Law is a timely and path-breaking work that provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women’s lives. Together the essays examine the fertile – and radically revisionary – links between feminism and legal theory. But At the Boundaries of Law rejects the abstract ‘grand theorizing’ of traditional feminist legal theory, focusing instead on the concrete and material implications of the legal injustices endured by women. These essays emphasise the complex diversity of female experience, collectively arguing for legal theory and practice that both recognises and accommodates the concept of ‘difference’ – in gender, class, race and sexual orientation. At the Boundaries of Law also raises provocative questions about the methodology and future of feminist legal theory itself. In its rich variety of issues and approaches, this volume will command the interest not only of legal theorists, but of those interested in women’s studies, philosophy, politics, sociology and history. It is sure to set the future agenda for scholars, policymakers and anyone concerned with the role of law in society.
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.
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,
The nineteen essays in this volume celebrate the judicial career of Justice Claire L'Heureux-Dube and consider the unique ways in which her work as a judge of the Supreme Court of Canada enhanced women's legal and social equality in Canada. Written by leading legal scholars, jurists, and social activists, these essays examine Justice L'Heureux-Dube's substantive contributions to areas of the law including family law, taxation, human rights law, immigration law, and criminal law, as well as examining the ways in which her judgments advanced access to justice and the rights of Aboriginal people, gays and lesbians, and people with disabilities in Canada. Finally, they look at the influence her decisions have had in jurisdictions beyond Canadian borders. As the papers in this collection demonstrate, Justice L'Heureux-Dube's work--both on the bench and as a public figure--advanced a feminist analysis of law that served to enhance the quality of life for Canadian women. As importantly, they document her approach to judging, which was defined by human compassion and an ability to see and understand the lived reality of people's lives. During her fifteen years on the Supreme Court from 1987 to 2002, Justice L'Heureux-Dube participated in over six hundred "Charter of Rights" decisions, many of which were profoundly significant and often controversial. Anyone interested in the enterprise of judging generally and in the history of the Court and its role in Canadian society during these turbulent times will find this book a most important addition to their library.
Women's Legal Strategies in Canada by Radha Jhappan Pdf
Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.
Reaction and Resistance by Dorothy E. Chunn,Susan Boyd,Hester Lessard Pdf
In this timely volume, contributors from various disciplines analyze reaction and resistance to feminism in several areas of law and policy � child custody, child poverty, sexual harassment, and sexual assault � and in a number of institutional sites, such as courts, legislatures, families, the mainstream media, and the academy. Collectively, their studies paint a complicated, often contradictory, picture of feminism, law, and social change, offering feminists and activists empirically grounded knowledge to develop legal and political strategies for change.
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.
Aspen Treatise for Introduction to Feminist Legal Theory by Martha E. Chamallas Pdf
The leading text in the field, Introduction to Feminist Legal Theory was the first book that served as an introductory survey of feminist jurisprudence. Its historical view of feminist legal theory places issues in social context and thoroughly reviews the evolving paradigms of contemporary feminism from the 1970s through the present. The full range of legal issues affecting women are covered, including gender discrimination, rape, sexual harassment, motherhood, reproductive issues, and much more. Clear, energetic presentation keeps students engaged and involved with succinct overviews, intellectually stimulating material, and jargon-free prose. The Third Edition features up-to-date theories and topics, such as the "autonomy" feminism and "masculinities" theory. Expansion of the current theory-based structure includes the "big three" feminisms described in the previous edition and the "new three" feminisms, which are expanded in the third edition. New applied areas are covered as well, such as transgender legal issues and sex trafficking. While the book remains U.S.-focused, important new material on global and comparative feminism has been added. Throughout the text, students will find discussion about changes in the law since 2003 on issues such as rape, pay equity, sex stereotyping, marriage equality, Title IX, and more. Thoroughly updated, the revised Third Edition presents: Up-to-date theories and topics "autonomy" feminism, "masculinities" theory, "social justice" feminism LGBT and critical race perspectivesa Two-part organization, focusing on chronology and substantive areas of the law that are of particular importance to feminist legal scholars Part one focuses on chronology by examining the three generations of feminist legal theory that have emerged since 1971 the Generation of Equality (1970s) the Generation of Difference (1980s) the Generation of Complex Identities (1990s to present) this part will also include the "new three" feminisms in the 3rd edition (intersectional, autonomy and postmodern feminism) Part two focuses on substantive areas of the law, which fall into three categories economic subordination of women sexual subordination of women motherhood and reproduction Introduction of new applied areas transgender legal issues sex trafficking reproductive justice More material on global and comparative feminism, while remaining U.S.-focused Discussion of changes in the law since 2003 rape domestic violence pay equity torts and tax law same-sex marriage Title IX, and more
Gender and Feminist Theory in Law and Society by Madhavi Sunder Pdf
This volume chronicles a quarter-century of feminist theorizations on equality and liberty. The essays demonstrate a continuing commitment to feminist method (a democratic notion that all people have a right to participate in the production of knowledge of the world, including legal knowledge) and manifest feminism's continuing critical tradition (namely, theorists' willingness to see multiple factors, including feminism itself, as obstructing enlightened constructions of the world). Taken together, the essays suggest that liberty to make the world is not just a means to an end - equality - but is a substantive end in itself.
Feminist Perspectives on Law and Theory by Janice Richardson,Ralph Sandland Pdf
What is the link between the way in which women are viewed as an aberration within law - such that pregnant women initially had to be compared with sick men to claim unfair dismissal - and the view of women as monstrous within philosophy? This book uses the failure of women to fit within male models of both law and theory as a way to rethink legal questions,including the meaning of equality, freedom, justice and citizenship. This includes concern about the way in which queer theory and critical race theory - as well as issues of class - intersect with feminist theory today. It also raises issues about the relationship between political theory and practice and the productive intersection between debates within law, philosophy and feminism. 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. Feminism may still be on the margins of both law and philosophy, yet it has the ability to disrupt both. This book moves beyond a feminist critique of existing frameworks to the constructive project of reworking theory from within. It goes beyond debates of traditional jurisprudence to draw its tools from the growing body of work on feminist philosophy - including the writings of Luce Irigaray, Drucilla Cornell and Christine Battersby - which intersect both contemporary continental philosophy and critical legal theory.
Rethinking Equality Projects in Law by Rosemary Hunter Pdf
The concept of equality has been a key animating principle of modern feminism, and has been highly productive for feminist legal thought and feminist politics concerning law. Today however, given the failure to achieve material and psychic equality for women, feminists have come to challenge the usefulness of equality as a concept, a particular definition, or a basis for strategising. The papers in this collection reflect these concerns, primarily in the context of English-speaking, common law cultures. Collectively, the papers analyse a range of equality projects across a number of areas of public and private law, considering both competing conceptions of equality and alternatives to it. In taking stock across a century and a half and around the globe, the book illustrates the range of ways in which equality projects in law have been challenged by, and remain a challenge for, feminism.