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In this widely acclaimed landmark study, Joan Hoff illustrates how women remain second- class citizens under the current legal system and questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America as they prepare for the twenty-first century. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.
The legal status of women has changed more rapidly in the last 20 years than in the previous 200, Hoff argues, but these changes have become less important over time. The American power structure has relinquished rights to women and minorities only after these rights have been diminished by a white-male-dominated legal system. She calls for a reinterpretation of legal texts to create a feminist jurisprudence. Annotation copyrighted by Book News, Inc., Portland, OR
Gender equality and the importance of the law in combating discrimination are issues explored by this insightful work. Gender Injustice allows readers a better understanding of the issue of inequality and aims to increase the likelihood of achieving gender justice in the future. It investigates equality in employment for men and women in terms of the law, at both national and international levels, and looks at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in an historical and compelling analysis of women and equality. By providing a detailed examination of the relationship between gender and the law, the book will be an important read for those concerned with equal pay and equal access to employment.
Justice and Injustice in Law and Legal Theory by Austin Sarat,Thomas R. Kearns Pdf
Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Gender, Justice, and the Problem of Culture by Dorothy L. Hodgson Pdf
An analysis of the relationships between law, custom, gender, marriage and justice among northern Tanzania’s Maasai communities. When, where, why, and by whom is law used to force desired social change in the name of justice? Why has culture come to be seen as inherently oppressive to women? In this finely crafted book, Dorothy L. Hodgson examines the history of legal ideas and institutions in Tanzania—from customary law to human rights—as specific forms of justice that often reflect elite ideas about gender, culture, and social change. Drawing on evidence from Maasai communities, she explores how the legacies of colonial law-making continue to influence contemporary efforts to create laws, codify marriage, criminalize FGM, and contest land grabs by state officials. Despite the easy dismissal by elites of the priorities and perspectives of grassroots women, she shows how Maasai women have always had powerful ways to confront and challenge injustice, express their priorities, and reveal the limits of rights-based legal ideals. “This is a book that only Dorothy Hodgson could have written, with her decades of work in Tanzania, vast networks in Maasailand, and deep ethnographic knowledge, combined with her deftness in working through more theoretical work on gender and human rights. Closely argued, conceptually sharp, and engagingly written.” —Brett Shadle, author of Girl Cases: Marriage and Colonialism in Gusiiland, Kenya, 1890-1970 “Dorothy Hodgson asks a number of important and clearly articulated questions, and provides thoughtful answers to them using a hybrid of historical and anthropological methodologies that combine in-depth case studies with more empirically-informed macro-level reflection. A concise and useful resource in the undergraduate as well as the graduate classroom.” —Priya Lal, author of African Socialism in Postcolonial Tanzania: Between the Village and the World “Gender, Justice, and the Problem of Culture makes a significant contribution to the study of law in East Africa and elsewhere among colonized peoples, and it should be required reading not only for academics interested in such matters but for activists and policymakers.” —American Anthropologist “Hodgson’s book is both rich in detail and broad in its implications for understanding struggles for justice for marginalised groups. It deserves the attention of students and scholars of African studies, anthropology, history, political science and women’s and gender studies.” —Journal of Modern African Studies
Without strong proof, policy advocates along with some scholars have causally linked declines in juvenile offending and incarceration with evidence-based and rehabilitation-oriented policy reform. Such studies have called for a shift back to rehabilitative ideals augmented by innovative strategies that emphasize cultures of care, and in the cases of system-involved girls, ‘gender-responsive’ programs, anchored in feminist literature. These programs have also caught the attention of feminist scholars who cast doubt on both their design and implementation. Gendered Injustice offers a unique contribution to the latter line of scholarship, and critically examines claims of innovation, empowerment, and gender-responsivity in youth correction that currently dominate the field. Drawing on rich ethnographic data, this book uncovers the reality of, and gives voice to, the experiences and continued mistreatment of marginalized girls housed in locked institutions in the US State of California. By providing detailed insight into the detention experiences and the pathways of several young women, this book draws stark comparisons between the lived experience of young women in detention with the official rhetoric of empowerment that dominates public discourse. This book reveals the ways in which institutional policies and practices are designed to neglect and, in many instances, re-victimize inmates. This is essential reading for those engaged in corrections, juvenile justice, gender and crime, and feminist criminology.
"It hurts to be beautiful" has been a cliche for centuries. What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands. Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearance important to their self image and over a third rank it as the most important factor. Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, and related difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short. The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises merit principles, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and a compelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce the price of their pursuit.
Western feminists have long treated the rule of law as an essential ingredient of social justice; however, as the contributors to this collection remind us, meaningful justice remains out of reach for many women and racialized minorities precisely because the law turns a blind eye to the inequities that structure their daily lives. In fourteen chapters that open vital debates about the erosion of the welfare state and the media's complicity in concealing political injustice, Within the Confines details the brutal ironies of a society that criminalizes the vulnerable while absolving the elite. Distinctive in its focus on Canada, the book traces the linkages among racial, ethnic, sexual, and economic vulnerability and reveals the inadequacies of legislative approaches to socio-historical problems such as drug trafficking, homelessness, infanticide, and the legacies of settler colonial violence. In accessible prose, the authors dismantle the myths behind topics that are often sensationalized in the media-pornography, single motherhood, sex work, filicide, gangs, domestic abuse, prison conditions, HIV nondisclosure-and present alternative arguments that expose the justice system's role in widening the gap between the rich and the poor. What emerges is a poignant challenge to the neoliberal fable that women and minorities in Western democracies now enjoy full equality and an urgent call to action for those who seek to shift institutional norms in more equitable directions. A valuable resource for a wide range of fields, including criminology, sociology, social anthropology, gender studies, political science, social work, and legal history, this multidisciplinary volume offers a fresh perspective on the disturbingly predictable judgments that criminalized women face in Canada.
Injustice in Indian Country by Amy L. Casselman Pdf
Injustice in Indian Country tells the story of American colonization through the eyes of Native women as they fight for justice. In doing so, it makes critical contributions to the fields of American law and policy, social justice and activism, women's studies, ethnic studies, American Indian studies, and sociology.
Against Injustice by Reiko Gotoh,Paul Dumouchel Pdf
Traditional theories of justice as formulated by political philosophers, jurists and economists have all tended to see injustice as simply a breach of justice, a breakdown of the normal order. Amartya Sen's work acts as a corrective to this tradition by arguing that we can recognise patent injustices, and come to a reasoned agreement about the need to remedy them, without reference to an explicit theory of justice. Against Injustice brings together distinguished academics from a variety of different fields - including economics, law, philosophy and anthropology - to explore the ideas underlying Sen's critique of traditional approaches to injustice. The centrepiece of the book is the first chapter by Sen in which he outlines his conception of the relationship between economics, ethics and law. The rest of the book addresses a variety of theoretical and empirical issues that relate to this conception, concluding with a response from Sen to his critics.
Petticoats and Prejudice - Women's Press Classics by Constance Backhouse Pdf
Drawing on historical records of women’s varying experiences as litigants, accused criminals, or witnesses, this book offers critical insight into women’s legal status in nineteenth-century Canada. In an effort to recover the social and political conditions under which women lobbied, rebelled, and in some cases influenced change, Petticoats and Prejudice weaves together forgotten stories of achievement and defeat in the Canadian legal system. Expanding the concept of “heroism” beyond its traditional limitations, this text gives life to some of Canada’s lost heroines. Euphemia Rabbitt, who resisted an attempted rape, and Clara Brett Martin, who valiantly secured entry into the all-male legal profession, were admired by their contemporaries for their successful pursuits of justice. But Ellen Rogers, a prostitute who believed all women should be legally protected against sexual assault, and Nellie Armstrong, a battered wife and mother who sought child custody, were ostracized for their ideas and demands. Well aware of the limitations placed upon women advocating for reform in a patriarchal legal system, Constance Backhouse recreates vivid and textured snapshots of these and other women’s courageous struggles against gender discrimination and oppression. Employing social history to illuminate the reproductive, sexual, racial, and occupational inequalities that continue to shape women’s encounters with the law, Petticoats and Prejudice is an essential entry point into the gendered treatment of feminized bodies in Canadian legal institutions. This book was co-published with The Osgoode Society for Canadian Legal History.
