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Books > Law > English law > Private, property, family > Gender law
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.
* Brings a unique perspective on law and sexuality by examining issues through social science. * Contextualizes sexuality and gender issues through multiple perspectives for future criminal justice professionals * Case Studies and "Law in Action" boxes that highlight specific laws and judicial opinions on controversial topics. * Pedagogical features including Learning Objectives, Key Terms, Glossary, and Suggested Readings enhance reader comprehension.
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.
This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.
What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC's first ten years; appointments to the UK Supreme Court; the pace of change; definitions of 'merit' and 'diversity'; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
Relying on a multidisciplinary framework of inquiry and critical perspective, this edited volume addresses the unique experiences of Black males within various stages of contact in the criminal justice system. It provides a comprehensive overview of the administration of justice, mental and physical health issues faced by Black males, and reintegration into society after system involvement. Recent events-including but by no means limited to the shootings of unarmed Black men by police in Ferguson, Missouri; Baltimore; Minneapolis; and Chicago-have highlighted the disproportionate likelihood of young Black males to encounter the criminal justice system. Black Males and the Criminal Justice System provides a theoretical and empirical review of the need for an intersectional understanding of Black male experiences and outcomes within the criminal justice system. The intersectional approach, which posits that outcomes of societal experiences are determined by the way the interconnected identities of individuals are perceived and responded to by others, is key to recognizing the various forms of oppression that Black males experience, and the impact these experiences have on them and their families. This book is intended for students and scholars in criminology, criminal justice, sociology, race/ethnic studies, legal studies, psychology, and African American Studies, and will serve as a reference for researchers who wish to utilize a progressive theoretical approach to study social control, policing, and the criminal justice system.
This book addresses and analyses the rape sentencing regime in India, and demonstrates that despite law reform, the myths and stereotypes about rapists and rape victims that used to be embedded in the positive law of rape and/or in evidence law have, in many cases, merely shifted from the charging and trial stages to the sentencing stage. The book further argues that rape myths and stereotypes influence sentencing, leading to unwarranted disparity. It undertakes a theoretical examination of the purposes of punishment, the fundamentally overlapping nature of the stages of the criminal process, and the meaning of 'disparity'. The book sets forth what the sentencing guidelines for rape in India might provide, discussing factors that should be considered relevant and irrelevant in the sentencing of rape offenders. The underlying theme of the book is to bring the rule of law to criminal sentencing in India.
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.
* Will appeal to both academics and practitioners working in the area of human rights advocacy;
There is much debate about postfeminism, what it is, and its role in feminist politics. Whilst postfeminism has become increasingly influential in the study of literature, popular culture, and philosophy, it has so far received comparatively little attention in law. This book aims to remedy this situation. The book brings together feminist legal scholars working in different contexts to examine the idea of postfeminism and assess its contemporary relevance. It explores a range of questions including the following: Does postfeminism describe an age that follows modernism, an age where identity politics has realised its goals and feminism is no longer needed? Or does postfeminism describe the feminism of a postmodernist age where identity can mean anything at all? Or, differently again, does the term capture a 'new feminism' that discredits feminism and attempts to reshape its political consciousness? And what might the answers to these questions mean for law and legal theory, and a feminist politics of law reform?
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.
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state-both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance-rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.
The emergence of the terms 'pink tax' and 'tampon tax' in everyday language suggests that women, who already suffer from an economic disadvantage due to gender wage gap, are put in an even more detrimental position by means of 'discriminatory consumption taxes'.This book is the first conducting a legal analysis to establish to what extent this public perception is accurate.
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women's increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women's interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.
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 distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.
Liveable Lives examines what makes life liveable for LGBTQ+ people beyond equality reforms. It refuses the colonizing narrative of surviving in a ‘regressive’ Global South and thriving in a ‘progressive’ Global North. By linking the concept of liveability with the decolonial literature on sexualities, this open access book draws on individual's stories, art and writing to examine how lives become liveable across India and the UK, providing a multifaceted investigation of two divergent contexts where activists refuse local framings of exclusion/inclusion and LGBTQ+ lives are continually re-envisioned. Embracing diverse methodologies, including workshops, in-depth interviews, street theatres, and web surveys, the book stands as an example of a queer collaborative praxis that refuses the familiar Global North / Global South practices of theorizing and data gathering. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
How have American women voted in the first 100 years since the ratification of the Nineteenth Amendment? How have popular understandings of women as voters both persisted and changed over time? In A Century of Votes for Women, Christina Wolbrecht and J. Kevin Corder offer an unprecedented account of women voters in American politics over the last ten decades. Bringing together new and existing data, the book provides unique insight into women's (and men's) voting behavior, and traces how women's turnout and vote choice evolved across a century of enormous transformation overall and for women in particular. Wolbrecht and Corder show that there is no such thing as 'the woman voter'; instead they reveal considerable variation in how different groups of women voted in response to changing political, social, and economic realities. The book also demonstrates how assumptions about women as voters influenced politicians, the press, and scholars.
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. The #MeToo movement sparked many debates and increased the demand for more problematized perspectives on the issue of sexual harassment. This book opens for new understandings of sexual harassment by bringing researchers, writers, and policymakers in the Nordic region into dialogue in an ambitious volume. It asks what role juridical frameworks can and should play in prevention and raises questions about how the image of Nordic states - as gender equal, colour blind and with strong welfare - affects the work against sexual harassment in the region. Re-imagining definitions of justice, violence, exploitation and work, this book offers knowledge of immediate importance for everyone working to prevent sexual harassment, through research, policy making, or in everyday practice.
In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures, using a feminist theory lens to understand, defend, and critique the law. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, and successes and limitations of this historic law.
In an advanced industrial society like the contemporary U. S., where an array of legal, political, institutional, and economic processes work against gender inequality, how does this inequality persist? Are there general social processes through which gender as a principle of social inequality manages to rewrite itself into new forms of social and economic organization? Framed by Gender claims there are, highlighting a powerful contemporary persistence in people's everyday use of gender as a primary cultural tool for organizing social relations with others. Cecilia L. Ridgeway asserts that widely shared cultural beliefs about gender act as a "common knowledge" frame that people use to make sense of one another in order to coordinate their interaction. The use of gender as an initial framing device spreads gendered meanings, including assumptions about inequality embedded in those meanings, beyond contexts associated with sex and reproduction to all spheres of social life that are carried out through social relationships. These common knowledge cultural beliefs about gender change more slowly than do material arrangements between men and women, even though these beliefs do respond eventually. As a result of this cultural lag, at sites of innovation where people develop new forms of economic activity or new types of social organization, they confront their new, uncertain circumstances with gender beliefs that are more traditional than those circumstances. They implicitly draw on the too convenient cultural frame of gender to help organize their new ways of doing things. As they do so, they reinscribe trailing cultural assumptions about gender difference and gender inequality into the new activities, procedures, and forms of organization that they create, in effect, reinventing gender inequality for a new era. Ridgeway argues that this persistence dynamic does not make equality unattainable but does mean that progress is likely to be uneven and depend on the continued, concerted efforts of people. Thus, a powerful and original take on the troubling endurance of gender inequality, Framed by Gender makes clear that the path towards equality will not be a long, steady march, but a constant and uneven struggle. "The most important book on gender I have read in decades. Why has gender proved so unbending? Ridgeway gives us answers, and paves the way for a new feminist theory that incorporates decades of studies on how gender bias operates at home and at work."-Joan C. Williams, Distinguished Professor of Law, University of California, Hastings College of the Law "In lucid prose, Cecilia Ridgeway describes the social psychological processes that continually reproduce gender inequality. Marshalling research from sociology and psychology, Framed by Gender explains why women have not attained equality and what would be required to reach that goal."-Alice H. Eagly, Professor of Psychology, Northwestern University
This fourth edition of Merry E. Wiesner-Hanks's prize-winning survey features significant changes to every chapter, designed to reflect the newest scholarship. Global issues have been threaded throughout the book, while still preserving the clear thematic structure of previous editions. Thus readers will find expanded discussions of gendered racial hierarchies, migration, missionaries, and consumer goods. In addition, there is enhanced coverage of recent theoretical directions; the ideas, beliefs, and practices of ordinary people; early industrialization; women's learning, letter writing, and artistic activities; emotions and sentiments; single women and same-sex relations; masculinities; mixed-race and enslaved women; and the life course from birth to death. With geographically broad coverage, including Russia, Scandinavia, the Ottoman Empire, and the Iberian Peninsula, this remains the leading text on women and gender in Europe in this period. Accompanying this essential reading is a completely revised website featuring extensive updated bibliographies, web links, and primary source material. |
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