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Books > Law > English law
This volume examines how gender relations were regulated in ancient Near Eastern and biblical law. The textual corpus examined includes the various pertinent law collections, royal decrees and instructions from Mesopotamia and Hatti, and the three biblical legal collections. Peled explores issues beginning with the wide societal perspective of gender equality and inequality, continues to the institutional perspective of economy, palace and temple, the family, and lastly, sex crimes. All the texts mentioned or referred to in the book are given in an appendix, both in the original languages and in English translation, allowing scholars to access the primary sources for themselves. Law and Gender in the Ancient Near East and the Hebrew Bible offers an invaluable resource for anyone working on Near Eastern society and culture, and gender in the ancient world more broadly.
The standard approach to regulating working hours rests on gendered assumptions about how paid and unpaid work ought to be divided. In this book, Ania Zbyszewska takes a feminist, socio-legal approach to evaluate whether the contemporary European working time regimes can support a more equal sharing of this work. Focusing on the legal and political developments surrounding the EU's Working Time Directive and the reforms of Poland's Labour Code, Zbyszewska reveals that both regimes retain this traditional gender bias, and suggests the reasons for its persistence. She employs a wide range of data sources and uses the Polish case to assess the EU influence over national policy discourse and regulation, with the broader transnational policy trends also considered. This book combines legal analysis with social and political science concepts to highlight law's constitutive role and relational dimensions, and to reflect on the relationship between discursive politics and legal action.
This edited collection utilises recent advances in theories on masculinities to explore and analyse the ways in which prisons shape performances of gender, both within prison settings and following release from prison. The authors assess here how the highly gendered world of the prison (where the population is overwhelmingly male in most countries) impacts upon the performance of masculinities. Including original pieces from England, Australia, Scotland and the USA, as well as contributions which take a broader methodological and conceptual approach to masculinity, this engaging and original collection holds international appeal and relevance. Cumulatively, the chapters illustrate the importance of considering a nuanced understanding of masculinity within prison research, and as such, will be of particular interest for scholars of penology, gender studies, and the criminal justice system.
This book considers a burgeoning social phenomenon, compensated dating in Hong Kong, that facilitates direct commercial sex exchange between consenting females from their mid-teens through the late 20s and males from their early 20s to mid-adulthood. Informed by the transformation of intimacy, the breakdown of institutional constraints, the emergence of a new female sexual autonomy and the advancement of information technology, this book moves beyond stereotypes of sex work to look at the complexities of compensated dating. The phenomenon of compensated dating is distinctive from most other sex trades in that it involves intense emotional interactions and often extends beyond the commercial boundary. Given the dynamic, flexible and ambiguous nature of compensated dating, it has become more of a space for sexual explorations and less of a rigid model of commercial sex, at least in the eye of the participants. This book walks through how men become involved in compensated dating and also sheds lights on how gender relations are negotiated, with important implications on what it means to be a man and a woman in contemporary Hong Kong society. It also speaks to the broader transformations of some of the key social structures and elements, particularly gender and sexualities, in the era of late modernity.
Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labour force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards eliminating women's discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender.
When and why do governments promote women's rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women's rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women's subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women's rights.
Violence against women and girls (VAWG) is a longstanding problem that has increasingly come to the forefront of international and national policy debates and news: from the US reauthorization of the Violence against Women Act and a United Nations declaration to end sexual violence in war, to coverage of gang rapes in India, cyberstalking and "revenge porn", honor killings, female genital mutilation, and international trafficking. Yet, while we frequently read or learn about particular experiences or incidents of VAWG, we are often unaware of the full picture. Jacqui True, an internationally renowned scholar of globalization and gender, provides an expansive frame for understanding VAWG in this book. Among the questions she addresses include: What are we talking about when we discuss VAWG? What kinds of violence does it encompass? Who does it affect most and why? What are the risk factors for victims and perpetrators? Does VAWG occur at the same level in all societies? Are there cultural explanations for it? What types of legal redress do victims have? How reliable are the statistics that we have? Are men and boys victims of gender-based violence? What is the role of the media in exacerbating VAWG? And, what sorts of policy and advocacy routes exist to end VAWG? This volume addresses the current state of knowledge and research on these questions. True surveys our best understanding of the causes and consequences of violence against women in the home, local community, workplace, public, and transnationally. In so doing, she brings together multidisciplinary perspectives on the problem of violence against women and girls, and sets out the most promising policy and advocacy frameworks to end this violence.
Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labour force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards eliminating women's discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender.
'The kind of book that has you screaming "Yes! Yes! Yes! Now I get it!" on almost every page' Caitlin Moran 'Dr Taylor sets out a compelling case . . . gives voice and agency to women who have experienced trauma and violence' Morning Star She asked for it. She was flirting. She was drinking. She was wearing a revealing dress. She was too confident. She walked home alone. She stayed in that relationship. She was naive. She didn't report soon enough. She didn't fight back. She wanted it. She lied about it. She comes from a bad area. She was vulnerable. She should have known. She should have seen it coming. She should have protected herself. The victim blaming of women is prevalent and normalised in society both in the UK, and around the world. What is it that causes us to blame women who have been abused, raped, trafficked, assaulted or harassed by men? Why are we uncomfortable with placing all of the blame on the perpetrators for their crimes against women and girls? Based on three years of doctoral research and ten years of practice with women and girls, Dr Jessica Taylor explores the many reasons we blame women for male violence committed against them. Written in her unique style and backed up by decades of evidence, this book exposes the powerful forces in society and individual psychology which compel us to blame women subjected to male violence.
The standard approach to regulating working hours rests on gendered assumptions about how paid and unpaid work ought to be divided. In this book, Ania Zbyszewska takes a feminist, socio-legal approach to evaluate whether the contemporary European working time regimes can support a more equal sharing of this work. Focusing on the legal and political developments surrounding the EU's Working Time Directive and the reforms of Poland's Labour Code, Zbyszewska reveals that both regimes retain this traditional gender bias, and suggests the reasons for its persistence. She employs a wide range of data sources and uses the Polish case to assess the EU influence over national policy discourse and regulation, with the broader transnational policy trends also considered. This book combines legal analysis with social and political science concepts to highlight law's constitutive role and relational dimensions, and to reflect on the relationship between discursive politics and legal action.
Revised and Expanded Edition Wait-what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Gender Remade explores a little-known experiment in gender equality in Washington Territory in the 1870s and 1880s. Building on path-breaking innovations in marital and civil equality, lawmakers extended a long list of political rights and obligations to both men and women, including the right to serve on juries and hold public office. As the territory moved toward statehood, however, jury duty and constitutional co-sovereignty proved to be particularly controversial; in the end, 'modernization' and national integration brought disastrous losses for women until 1910, when political rights were partially restored. Losses to women's sovereignty were profound and enduring - a finding that points, not to rights and powers, but to constitutionalism and the power of social practice as Americans struggled to establish gender equality. Gender Remade is a significant contribution to the understudied legal history of the American West, especially the role that legal culture played in transitioning from territory to statehood.
Frequently cited in court, Lewin on Trusts covers the entire law of trusts from general principles to current practice, ensuring you have all the information you need on the effective creation of trusts and the resolution of disputes and other problems that arise. LEWIN ON TRUSTS: Covers all aspects of trusts law, from creation of trusts and the role and duties of trustees, to beneficiaries and their interests and administration. Includes in-depth analysis of both general principles and the practical implications of trust law Provides clear guidance on questions that arise in modern trusts practice Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect Explores the impact of the latest case law Explains breach of trust and available remedies Deals with constructive trusts and asset tracing Covers anti-money-laundering legislation in relation to trusts Refers to Commonwealth decisions, suggesting solutions lacking in UK case law Covers costs issues in trusts disputes The new edition has been extensively re-organised and re-written to take account of decisions not only in England but also in the old Commonwealth and all the main offshore jurisdictions. There is a full coverage of many new topics, in particular a comprehensive treatment of trusts and divorce. Other additions include: * The impact of the new data protection legislation (GDPR and the 2018 Act) on trustees * Mediation and other forms of ADR for trust disputes * Unexplained wealth orders * FATCA, CRS and registers of beneficial ownership
This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.
Law, Religion and Homosexuality is the first book-length study of how religion has shaped, and continues to shape, legislation that regulates the lives of gay men and lesbians . Through a systematic examination of how religious discourse influences the making of law - in the form of official interventions made by faith communities and organizations, as well as by expressions of faith by individual legislators - the authors argue that religion continues to be central to both enabling and restricting the development of sexual orientation equality. Whilst some claim that faith has been marginalized in the legislative processes of contemporary western societies, Johnson and Vanderbeck show the significant impact of religion in a number of substantive legal areas relating to sexual orientation including: same-sex sexual relations, family life, civil partnership and same-sex marriage, equality in employment and the provision of goods and services, hate speech regulation, and education. Law, Religion and Homosexuality demonstrates the dynamic interplay between law and religion in respect of homosexuality and will be of considerable interest to a wide audience of academics, policy makers and stakeholders.
From two students of Marjory Stoneman Douglas High School comes a declaration for our times, and an in-depth look at the making of the #NeverAgain movement that arose after the Parkland, Florida, shooting. On February 14, 2018, seventeen-year-old David Hogg and his fourteen-year-old sister, Lauren, went to school at Marjory Stoneman Douglas High School, like any normal Wednesday. That day, of course, the world changed. By the next morning, with seventeen classmates and faculty dead, they had joined the leadership of a movement to save their own lives, and the lives of all other young people in America. It's a leadership position they did not seek, and did not want--but events gave them no choice. The morning after the massacre, David Hogg told CNN: "We're children. You guys are the adults. You need to take some action and play a role. Work together. Get over your politics and get something done." This book is a manifesto for the movement begun that day, one that has already changed America--with voices of a new generation that are speaking truth to power, and are determined to succeed where their elders have failed. With moral force and clarity, a new generation has made it clear that problems previously deemed unsolvable due to powerful lobbies and political cowardice will be theirs to solve. Born just after Columbine and raised amid seemingly endless war and routine active shooter drills, this generation now says, "Enough!". This book is their statement of purpose, and the story of their lives. It is the essential guide to the #NeverAgain movement.
Theories of gender justice in the twenty-first century must engage with global economic and social processes. Using concepts from economic analysis associated with global commodity chains and feminist ethics of care, Ann Stewart considers the way in which 'gender contracts' relating to work and care contribute to gender inequalities worldwide. She explores how economies in the global north stimulate desires and create deficits in care and belonging which are met through transnational movements and traces the way in which transnational economic processes, discourses of rights and care create relationships between global south and north. African women produce fruit and flowers for European consumption; body workers migrate to meet deficits in 'affect' through provision of care and sex; British-Asian families seek belonging through transnational marriages.
The paradigm of family has shifted rapidly and dramatically, from nuclear unit to diverse constellations of intimacy. At the same time, some norms resist change, such as women's continuing role as primary care providers despite their increased uptake of paid work. This tension between transformation and stasis in family arrangements has an impact on economic, emotional, and legal aspects of daily life. House Rules critically explores the intertwining of norms and laws that govern familial relationships. This incisive collection provides tools to analyze those difficulties and, ultimately, to design laws to better respond to ongoing change and avoid entrenching inequalities.
The latest edition of this key title sees Tolley live up to its reputation as the authority on tax matters. It contains all the information required to achieve the most cost-effective, convenient and effective estate planning. The esteemed editorial board help you formulate strategies for the provision, holding and devolution of personal and family resources. Clear subject headings and straightforward explanations of routine and complex topics make for fast, effective research. Following the tax planning series' straightforward and easy-to-read style with clear headings, this guide includes worked examples, tables and a comprehensive index. A practical step-by-step case study illustrates the benefits of careful planning and incorporates many points discussed throughout the book.
Both lionized and vilified, Claire L'Heureux-Dube has shaped the Canadian legal landscape - and in particular its highest court. Only the second woman on the Supreme Court of Canada, L'Heureux-Dube anchored her approach to cases in their social, economic, and political context. This compelling biography takes a similar tack, tracing the experience of a francophone woman within the male-dominated Quebec legal profession - and within the primarily anglophone world of the Supreme Court. In the process, Constance Backhouse enhances our understanding of the Canadian judiciary, the creation of law, the Quebec socio-legal environment, and the nation's top court.
CPAG and the National Union of Students have joined forces to provide this definitive, up-to-date guide to financial support for students. Written for student claimants and their advisers, this Handbook covers: student support for further and higher education how student income is treated for social security benefit, health benefit and tax credit purposes entitlement to means-tested benefits and support for both full-time and part-time students claiming tax credits while studying financial support when taking time out from studying welfare benefits and tax credits relevant to students council tax tax matters that affect students. 9781906076849 This edition has been fully revised and updated, and looks at the impact of welfare reform changes on students. Fully indexed and cross-referenced to law and regulation, this Handbook also contains useful summary tables and step-by-step guides to assist with calculating benefit entitlement in the light of student income.
Arranged in alphabetical subject order, from accounting periods to zero-rating, this edition brings together coverage of the UK and EC legislation, Customs material and case law and tribunal decisions on each topic. Due to the ever-changing nature of VAT, it includes the changes in the Finance Act.
This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Feminism and liberalism need each other, argues Judith Baer. Her provocative book, Feminist Post-Liberalism, refutes both conservative and radical critiques. To make her case, she rejects classical liberalism in favor of a welfare-and possibly socialist-post-liberalism that will prevent capitalism and a concentration of power that reinforces male supremacy. Together, feminism and liberalism can better elucidate controversies in American politics, law, and society. Baer emphasizes that tolerance and self-examination are virtues, but within both feminist and liberal thought these virtues have been carried to extremes. Feminist theory needs liberalism's respect for reason, while liberal theory needs to incorporate emotion. Liberalism focuses too narrowly on the individual, while feminism needs a dose of individualism. Feminist Post-Liberalism includes anthropological foundations of male dominance to explore topics ranging from crime to cultural appropriation. Baer develops a theory that is true to the principles of both feminist and liberal ideologies. |
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