Gender Perspectives In Private Law

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Gender Perspectives in Private Law

Gabriele Carapezza Figlia,Ljubinka Kovačević,Eleonor Kristoffersson
Gender Perspectives in Private Law Book PDF

Author : Gabriele Carapezza Figlia,Ljubinka Kovačević,Eleonor Kristoffersson
Publisher : Springer Nature
Page : 257 pages
File Size : 45,8 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.

Gender Justice and Legal Pluralities

Rachel Sieder,John Andrew McNeish
Gender Justice and Legal Pluralities Book PDF

Author : Rachel Sieder,John Andrew McNeish
Publisher : Routledge
Page : 249 pages
File Size : 45,5 Mb
Release : 2013-06-17
Category : Law
ISBN : 9781136191572

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Gender Justice and Legal Pluralities by Rachel Sieder,John Andrew McNeish Pdf

Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.

Feminist Approaches to Law

Dragica Vujadinović,Antonio Álvarez del Cuvillo,Susanne Strand
Feminist Approaches to Law Book PDF

Author : Dragica Vujadinović,Antonio Álvarez del Cuvillo,Susanne Strand
Publisher : Springer Nature
Page : 164 pages
File Size : 42,6 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.

New Perspectives on European Women’s Legal History

Sara L. Kimble,Marion Röwekamp
New Perspectives on European Women s Legal History Book PDF

Author : Sara L. Kimble,Marion Röwekamp
Publisher : Routledge
Page : 452 pages
File Size : 54,5 Mb
Release : 2016-07-01
Category : History
ISBN : 9781317577164

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New Perspectives on European Women’s Legal History by Sara L. Kimble,Marion Röwekamp Pdf

This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.

Feminist Legal Theory

Katherine Bartlett
Feminist Legal Theory Book PDF

Author : Katherine Bartlett
Publisher : Routledge
Page : 724 pages
File Size : 46,6 Mb
Release : 2018-02-19
Category : Social Science
ISBN : 9780429980114

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Feminist Legal Theory by Katherine Bartlett Pdf

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.

Legal Issues of International Law from a Gender Perspective

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

Author : Ivana Krstić,Marco Evola,Maria Isabel Ribes Moreno
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2023
Category : Electronic
ISBN : 3031134605

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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.

Great Debates in Gender and Law

Rosemary Auchmuty
Great Debates in Gender and Law Book PDF

Author : Rosemary Auchmuty
Publisher : Bloomsbury Publishing
Page : 244 pages
File Size : 42,5 Mb
Release : 2018-03-16
Category : Law
ISBN : 9781137611000

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Great Debates in Gender and Law by Rosemary Auchmuty Pdf

The first textbook to consider gender perspectives in relation to the whole undergraduate law curriculum in England and Wales. Gender is of central importance in every area of law and every area of people's lives but is rarely mentioned in the formal LLB syllabus; this book is designed to fill some of those gaps. 18 chapters, written by experts in the field, cover all the core modules on the English LLB together with 11 of the most popular options. Aimed at students and lecturers on undergraduate and postgraduate Gender and Law modules, the book will also be useful for all LLB and LLM students studying English law, who may use it to accompany their studies from their first to their final year, and also for prospective law students, legal scholars from outside England and Wales, and scholars in other disciplines.

Gender Competent Public Law and Policies

Marko Davinić,Svetislav Kostić
Gender Competent Public Law and Policies Book PDF

Author : Marko Davinić,Svetislav Kostić
Publisher : Springer Nature
Page : 178 pages
File Size : 41,9 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.

Feminist Perspectives on Child Law

Jo Bridgeman,Daniel Monk
Feminist Perspectives on Child Law Book PDF

Author : Jo Bridgeman,Daniel Monk
Publisher : Routledge
Page : 370 pages
File Size : 41,5 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135343798

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Feminist Perspectives on Child Law by Jo Bridgeman,Daniel Monk Pdf

Whilst there many publications dealing with children from both legal and theoretical perspectives, the child is persistently represented and discussed as a gender neutral or pre-gender and pre-sexual object. This text uses feminist perspectives to explore more rarely addressed aspects of childhood.

Gender, Law and Social Justice

Ann Stewart
Gender Law and Social Justice Book PDF

Author : Ann Stewart
Publisher : Blackstone Press
Page : 192 pages
File Size : 55,8 Mb
Release : 2000
Category : Law
ISBN : 1841742562

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Gender, Law and Social Justice by Ann Stewart Pdf

Are gender issues marginalized debates over governance, legal reform and globalization? If so, why? Written by feminist scholars from both developing and developed countries, this title addresses a range of issues relating to the relationship between gender, social justice and law and considers the ways in which women are excluded from social and economic justice. It also discusses the interaction between gender, social, cultural and legal forms. The contributors reflect the range of approaches adopted by academics and policy makers.

Feminist Perspectives on Criminal Law

Lois Bibbings,Donald Nicolson
Feminist Perspectives on Criminal Law Book PDF

Author : Lois Bibbings,Donald Nicolson
Publisher : Routledge
Page : 554 pages
File Size : 45,5 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135343712

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Feminist Perspectives on Criminal Law by Lois Bibbings,Donald Nicolson Pdf

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.

Feminist Perspectives on Contract Law

Linda Mulcahy,Sally Wheeler
Feminist Perspectives on Contract Law Book PDF

Author : Linda Mulcahy,Sally Wheeler
Publisher : Routledge
Page : 193 pages
File Size : 46,5 Mb
Release : 2017-01-27
Category : Law
ISBN : 9781135337131

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Feminist Perspectives on Contract Law by Linda Mulcahy,Sally Wheeler Pdf

The law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works 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. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.

Gender and Law

Katharine T. Bartlett,Deborah L. Rhode,Joanna L. Grossman,Deborah L. Brake,Frank Rudy Cooper
Gender and Law Book PDF

Author : Katharine T. Bartlett,Deborah L. Rhode,Joanna L. Grossman,Deborah L. Brake,Frank Rudy Cooper
Publisher : Aspen Publishing
Page : 1150 pages
File Size : 53,6 Mb
Release : 2023-01-31
Category : Law
ISBN : 9798886143478

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

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Gender and Law: Theory, Doctrine, Commentary, Ninth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion, and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. Highlights of the 9th Edition: This edition is both faithful to its original design—teaching through theoretical frameworks rather than by subject area—and cutting edge. The authors have spared no detail in covering the latest developments in this fast-changing field of study while tying them together into a cohesive whole. Dobbs v. Jackson Women’s Health Organization, a restructuring of the materials on reproductive rights, and greater attention to the reproductive justice movement and the intersectional issues raised by every issue involving reproductive health. Updated and more sustained attention to gender identity and nonbinary identities, including Bostock v. Clayton County, new material on transgender athlete bans, and a new section on sex-segregation and sex-differentiation within coed spaces (including Peltier v. Charter Day School, Inc. on sex-specific dress codes). Materials raising questions and critique about the intersection of race and gender, including historical materials that highlight the relationship between women’s suffrage advocates and abolitionists and excerpts from newer scholars. Coverage of the impact of the Covid-19 crisis and its exacerbation of gender issues at work and in the home. Updated equal pay materials, revised to highlight new developments in Equal Pay Act litigation, including Rizo v. Yovino on the use of prior salary as a “factor other than sex.” Revised materials on the criminal law of rape that include material from the proposed amendment to the Model Penal Code as well as coverage of the racial stereotypes sometimes reflected in the wrongful accusation and conviction of Black men. Professors and students will benefit from: Dozens of new Putting Theory into Practice problems An updated teacher’s manual with audio and video clips from films, documentaries, news programs, and television and radio series on the book’s main substantive topics. For new teachers, the teacher’s manual is an essential resource; for more experienced teachers, the book is structured in a way that gives them lots of options for how and what to cover in the course depending on the number of credit hours and the professor’s own sense of what should be taught

Feminist Perspectives on Land Law

Hilary Lim,Anne Bottomley
Feminist Perspectives on Land Law Book PDF

Author : Hilary Lim,Anne Bottomley
Publisher : Routledge
Page : 325 pages
File Size : 40,6 Mb
Release : 2007-04-11
Category : Law
ISBN : 9781135335045

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Feminist Perspectives on Land Law by Hilary Lim,Anne Bottomley Pdf

Feminist perambulations : taking the law for a walk in land / by Anne Bottomley and Hilary Lim -- National nature reserves : nature as other confined / by Sue Elworthy -- Ancient monuments of national importance : symbols of whose past? / by Penny English -- A trip to the mall : revisiting the public/private divide / by Anne Bottomley -- Scapegoating and the legal landscape : homeless women and the law / by Rosy Thornton -- Women's work : locating gender in the discourse of anti-social behaviour / by Helen Carr -- Women travellers and the paradox of the settled nomad / by Margaret Greenfields and Robert Home -- 'Land doesn't come from your mother, she didn't make it with her hands?' : challenging matriliny in Papua New Guinea / by Melissa Demian -- Unfair shares for women : the rhetoric of equality and the reality of inequality / by Rosemary Auchmuty -- The shared home : a rational solution through statutory reform? / by Simone Wong -- Networking resources : a gendered perspective on Kwena women's property rights / by Anne Griffiths -- Accidental Islamic feminism : dialogical approaches to muslim women's inheritance rights / by Hilary Lim and Siraj Sait.

Feminist Perspectives on Tort Law

Janice Richardson,Erika Rackley
Feminist Perspectives on Tort Law Book PDF

Author : Janice Richardson,Erika Rackley
Publisher : Routledge
Page : 250 pages
File Size : 55,5 Mb
Release : 2012
Category : Law
ISBN : 9780415619202

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Feminist Perspectives on Tort Law by Janice Richardson,Erika Rackley Pdf

Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law.