Gender Competent Legal Education

Author : Dragica Vujadinović,Mareike Fröhlich,Thomas Giegerich
Publisher : Springer
Page : 0 pages
File Size : 40,5 Mb
Release : 2023-01-13
Category : Law
ISBN : 3031143590

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Gender-Competent Legal Education by Dragica Vujadinović,Mareike Fröhlich,Thomas Giegerich Pdf

Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

Author : Dragica Vujadinović,Mareike Fröhlich,Thomas Giegerich
Publisher : Springer Nature
Page : 713 pages
File Size : 49,9 Mb
Release : 2023-02-03
Category : Law
ISBN : 9783031143601

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Gender-Competent Legal Education by Dragica Vujadinović,Mareike Fröhlich,Thomas Giegerich Pdf

Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

Author : Marko Davinić,Svetislav Kostić
Publisher : Springer Nature
Page : 178 pages
File Size : 49,6 Mb
Release : 2023-01-18
Category : Law
ISBN : 9783031147067

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Gender Competent Public Law and Policies by Marko Davinić,Svetislav Kostić Pdf

This book offers a new perspective on public law and public policies. The collection of papers gathered here begins with an in-depth discussion on gender perspectives in constitutional law, which can support gender justice, but also perpetuate patriarchal norms. The book then analyzes the role of the European Ombudsman in the area of gender discrimination. Despite its limited jurisdiction, this institution has become a significant complementary tool in the protection of gender equality and the elimination of gender discrimination at the EU level. Particular attention is paid to the importance of mainstreaming gender into public policies. Thus, the legal and institutional frameworks of Spain and Serbia are presented, which can serve as an inspiration to other countries. Another important aspect covered in the book is an analysis of systemic differences between the average wages of women and men in the six countries of the Western Balkans. In turn, the book presents a discussion on female genital mutilation as a highly gendered crime based on extreme versions of rigid, patriarchal ethnic and religious norms and customs. It is analyzed through the lenses of the Istanbul Convention, as a tool for combating violence against women. Particular attention is paid to femicide, its definitions, forms, and phenomenological characteristics. Having been only recently acknowledged, femicide is still characterized by an inadequate judicial response in many countries. In this regard, a special focus is on German and Serbian experiences in acknowledging femicide and combating it through various measures. Finally, the importance of stalking laws is discussed, as stalking is a highly gendered crime that many states fail to combat adequately. The collection of essays offered in this book will be of interest to all those working in the field of public law, to policymakers, and to students and academics looking to broaden and deepen their research on various issues in public law and policies from gender perspectives.

Author : Ulrike Schultz,T. Brettel Dawson,Gisela Shaw
Publisher : Routledge
Page : 138 pages
File Size : 53,6 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781315521831

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Gender and Judicial Education by Ulrike Schultz,T. Brettel Dawson,Gisela Shaw Pdf

Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges ́ schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

Author : Dragica Vujadinović,Antonio Álvarez del Cuvillo,Susanne Strand
Publisher : Springer Nature
Page : 164 pages
File Size : 55,7 Mb
Release : 2022-11-15
Category : Law
ISBN : 9783031147814

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Feminist Approaches to Law by Dragica Vujadinović,Antonio Álvarez del Cuvillo,Susanne Strand Pdf

This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only to critical legal scholars but also all those belonging to mainstream legal and political thought.

Author : Katharine T. Bartlett,Deborah L. Rhode
Publisher : Aspen Publishers
Page : 680 pages
File Size : 51,5 Mb
Release : 2010
Category : Equality before the law
ISBN : 0735579814

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Gender Law and Policy by Katharine T. Bartlett,Deborah L. Rhode Pdf

Author : Oskar J. Gstrein,Mareike Fröhlich,Caspar van den Berg,Thomas Giegerich
Publisher : Springer Nature
Page : 299 pages
File Size : 46,8 Mb
Release : 2023-09-23
Category : Law
ISBN : 9783031408014

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Modernising European Legal Education (MELE) by Oskar J. Gstrein,Mareike Fröhlich,Caspar van den Berg,Thomas Giegerich Pdf

This open access book presents innovative strategies to address cross-cutting topics and foster transversal competences. The modernization of European legal education presents a compelling challenge that calls for enhanced interdisciplinary collaboration among academic disciplines and innovative teaching methods. The volume introduces venues towards education innovation and engages with complex and emerging topics such as datafication, climate change, gender, and the aftermath of the COVID-19 pandemic. The insights presented not only emphasize the importance of preserving traditional approaches to legal disciplines and passing them on to future generations, but also underscore the need to critically reassess and revolutionize existing structures. As our societies become more diverse and our understanding of legitimacy, justice, and values undergoes transformations, it is imperative to reconsider the role of traditional values while exploring promising alternative approaches.

Author : Ivana Krstić,Marco Evola,Maria Isabel Ribes Moreno
Publisher : Springer Nature
Page : 237 pages
File Size : 46,6 Mb
Release : 2023-02-16
Category : Law
ISBN : 9783031134593

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Legal Issues of International Law from a Gender Perspective by Ivana Krstić,Marco Evola,Maria Isabel Ribes Moreno Pdf

This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.

Author : Gabriele Carapezza Figlia,Ljubinka Kovačević,Eleonor Kristoffersson
Publisher : Springer Nature
Page : 257 pages
File Size : 44,7 Mb
Release : 2023-02-15
Category : Law
ISBN : 9783031140921

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Gender Perspectives in Private Law by Gabriele Carapezza Figlia,Ljubinka Kovačević,Eleonor Kristoffersson Pdf

This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.

Author : Katharine T. Bartlett,Deborah L. Rhode,Joanna L. Grossman,Deborah L. Brake
Publisher : Aspen Publishing
Page : 912 pages
File Size : 43,5 Mb
Release : 2020-09-15
Category : Law
ISBN : 9781543813739

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Gender Law and Policy by Katharine T. Bartlett,Deborah L. Rhode,Joanna L. Grossman,Deborah L. Brake Pdf

Gender Law and Policy provides the theoretical frameworks, legal cases, and policy background necessary for analyzing a broad range of gender issues in the law. It is an ideal text for undergraduate courses in Women’s Studies, Political Science, and other fields focusing on gender law and policy, including Women and the Law and Gender Law and Policy. This text features lucid introductions in each chapter that illuminate the issues significant to each topic, alternative theoretical perspectives that facilitate open-minded problem solving, and incisive commentary by leading scholars and policymakers. Timely coverage of foundational and cutting-edge issues includes constitutional law, employment law, Title IX and education (including sports), family law, sexual harassment, sexual violence, pornography, prostitution, global trafficking, LGBT issues, and women’s sexual and reproductive health. Features of the Third Edition: Organized in five chapters focusing on different theoretical frameworks to enable student to grasp different conceptualizations of equality and justice. New introductory chapter with a broad overview of the theoretical frameworks, as well as the adjacent critical theories with the most relevance to the study of gender and law—intersectionality, queer theory, and masculinities studies. Includes more than 200 “Putting Theory into Practice” Problems, most based on real-life, unresolved problems, to keep a consistent, stimulating focus on the relationship between theory and practice. Features boxed definitions of terms and explanations of the legal process that are important for understanding the cases and a glossary where students can look up unfamiliar terms and concepts. Provides timelines and charts for graphic enhancement of important information. Offers clear introductions to each chapter, subject matter, and lead case, along with reading questions, so that students can focus on the implications of the law rather than figure out the content of the law. Tailors cases to undergraduate use, almost entirely omitting procedural issues, but preserving detailed facts necessary for analysis. New or enhanced coverage of the #MeToo movement, reproductive rights, campus sexual assault, LGBTQ issues, sex and technology, and intimate partner violence. Professors and students will benefit from: Adaptation of the best-selling law school gender and law textbook for undergraduate use for courses in gender, law, and policy. Interspersed theoretical and practice materials: excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion. Complete, up-to-date coverage of conventional “women and the law” issues, including constitutional law, employment law, affirmative action, sexual harassment, reproductive rights, domestic violence, Title IX, and poverty and race, along with analysis of cutting edge issues relating to LGBTQ and nonbinary individuals.

Author : American Bar Association. Commission on Women in the Profession
Publisher : American Bar Association
Page : 60 pages
File Size : 51,7 Mb
Release : 1996
Category : Law
ISBN : STANFORD:36105063706035

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Elusive Equality by American Bar Association. Commission on Women in the Profession Pdf

Recommendations from: Elusive equality : the experiences of women in legal education.

Author : Agnė Limantė,Artūras Tereškinas,Rūta Vaičiūnienė
Publisher : Taylor & Francis
Page : 230 pages
File Size : 44,7 Mb
Release : 2023-12-06
Category : Law
ISBN : 9781003815525

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Gender-Based Violence and the Law by Agnė Limantė,Artūras Tereškinas,Rūta Vaičiūnienė Pdf

This book presents a novel and insightful examination of gender-based violence, inviting readers to consider this topic from various perspectives. It encompasses various conceptual discussions and international regulations and trends, while concurrently emphasising the legal regulations and practices of select Central and Eastern European countries. Significantly underrepresented in legal scholarship, this region has been overlooked and subject to limited comprehensive analyses. The authors address different aspects of gender-based violence, also covering some areas that have received little attention in academic literature, such as gender-based violence in academia and cyberstalking. Furthermore, the book incorporates recent empirical studies, thereby endowing readers with valuable insights into the specific challenges encountered in the region. By contributing to current research on gender-based violence in Europe, this publication is an invaluable resource for researchers, students, policymakers, and general readers interested in gender-based violence and the fight against it in the Central and Eastern European region.

Author : American Bar Association. Section of Legal Education and Admissions to the Bar
Publisher : Unknown
Page : 220 pages
File Size : 54,5 Mb
Release : 1893
Category : Law
ISBN : UOM:39015024297049

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Report on Legal Education by American Bar Association. Section of Legal Education and Admissions to the Bar Pdf

Author : Lani Guinier
Publisher : Beacon Press
Page : 188 pages
File Size : 42,9 Mb
Release : 1997-12-10
Category : Social Science
ISBN : 0807044059

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Becoming Gentlemen by Lani Guinier Pdf

"The challenge, then, is not to invent new victims or new scapegoats but to mobilize America for the future. What would it take to ensure that all of us can succeed at getting the job done, the problem solved, and the future more secure?" As a student at Yale Law School in 1974, Lani Guinier attended a class with a white male professor who addressed all the students, male and female, as "gentlemen." To him the greeting was a form of honorific, evoking the values of traditional legal education. To her it was profoundly alienating. Years later Guinier began a study of female law students with her colleagues, Michelle Fine and Jane Balin, to try to understand the frustrations of women law students in male-dominated schools. Women are now entering law schools in large numbers, but too often many still do not feel welcome. As one says, "I used to be very driven, competitive. Then I started to realize that all my effort was getting me nowhere. I just stopped caring. I am scarred forever." After interviewing hundreds of women with similar stories, the authors conclude that conventional one-size-fits-all approaches to legal education discourage many women who could otherwise succeed and, even more, fail to help all students realize their full potential as legal problem-solvers. In Becoming Gentlemen Guinier, Fine, and Balin dare us to question what it means to become qualified, what a fair goal in education might be, and what we can learn from the experience of women law students about teaching and evaluating students in general. Including the authors' original study and two essays and a personal afterword by Lani Guinier, the book challenges us to work toward a more just society, based on ideals of cooperation, the resources of diversity, and the values of teamwork.

Author : Sherene Razack
Publisher : Sumach Press
Page : 189 pages
File Size : 41,6 Mb
Release : 1991
Category : Law
ISBN : 0929005198

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Canadian Feminism and the Law by Sherene Razack Pdf

No organization has been more active in fighting the inequalities of the law than the Women's Legal Education and Action Fund (LEAF), a feminist advocacy group established to bring forward cases under the Charter of Rights and Freedoms. In a penetrating analysis of women's rights before the law, Razack considers the history of LEAF and its work. She begins by exploring the language of rights in liberal theory and the impact of postmodernist thought. Razack then considers the role of women in the legal system, and how the law fails to address adequately the situation of women. She reviews the cases on which LEAF has focused, the legal issues involved, and the feminist principles which come into play. In total, she has compiled a compelling case study of legal advocacy with implications for all those struggling to create a more equitable body of law.