By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.

What might gender justice look like in matrilineal Malawi? Ideas about gender and human rights have exerted considerable influence over African policy makers and civil society organisations in recent years, and Malawi is no exception. There, concerted efforts at civic education have made the concepts of human and women's rights widely accessible to the rural poor, albeit in modified form. In this book, Jessica Johnson listens to the voices of ordinary Malawian citizens as they strive to resolve disputes and achieve successful gender and marital relations. Through nuanced ethnographic description of aspirations for gender and marital relationships; extended analysis of dispute resolution processes; and an examination of the ways in which the approaches of chiefs, police officers and magistrates intersect, this study puts relationships between law, custom, rights, and justice under the spotlight.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.

Ishita Pande's innovative study provides a dual biography of India's path-breaking Child Marriage Restraint Act (1929) and of 'age' itself as a key category of identity for upholding the rule of law, and for governing intimate life in late colonial India. Through a reading of legislative assembly debates, legal cases, government reports, propaganda literature, Hindi novels and sexological tracts, Pande tells a wide-ranging story about the importance of debates over child protection to India's coming of age. By tracing the history of age in colonial India she illuminates the role of law in sculpting modern subjects, demonstrating how seemingly natural age-based exclusions and understandings of legal minority became the alibi for other political exclusions and the minoritization of entire communities in colonial India. In doing so, Pande highlights how childhood as a political category was fundamental not just to ideas of sexual norms and domestic life, but also to the conceptualisation of citizenship and India as a nation in this formative period.

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.

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.

Das Professorinnenprogramm von Bund und Landern kann bis heute auf dem Gebiet der Wissenschaft neben den forschungsorientierten Gleichstellungsstandards der DFG als das wichtigste bundesweite Gleichstellungsprogramm angesehen werden. In Anbetracht stagnierender Grundmittel und einer daraus resultierenden stetigen Unterfinanzierung haben die mit zusatzlichen Mitteln verknupften Programme an deutschen Hochschulen einen fruchtbaren Boden gefunden. Diese haben ihre Gleichstellungsbemuhungen in den letzten Jahren durch ein breites Massnahmenspektrum deutlich verstarkt, sodass eine tatsachliche Steigerung von weiblichen Wissenschaftlern festgestellt werden kann. Unabhangig von diesem Erfolg darf die Frage der Verfassungsmassigkeit der aktuellen Entwicklungen jedoch nicht in Vergessenheit geraten. Hierzu zeigt der Band die Vereinbarkeit praktisch relevanter Massnahmen mit dem deutschen und europaischen Verfassungsrecht auf.

The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

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.

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.

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.

'As thrilling as a detective novel.' The Times 'Powerful, moving and often captivating.' Financial Times 'A compelling read for anyone who cares about fairness, justice and humanity.' Observer The Sunday Times bestseller ___ Sarah Langford is a barrister. Her job is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful. She must become their voice. Sarah weaves their story around the black and white of the law and tell it to the courtroom. These stories may not make headlines but they will change the lives of ordinary people in extraordinary ways. They are stories which, but for a twist of luck, might have been yours. With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts: these are tales of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law. They are sometimes shocking and they are often heart-stopping. She examines how she feels as she defends the person standing in the dock. She also shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself. ___ What readers are saying: ***** 'Absolutely fascinating . . . thought provoking, powerful and a compelling read.' ***** 'This book broke my heart at times but also contained humour and such poignant insights into the criminal justice system.' ***** 'Sarah writes incredibly well - she's informative while maintaining suspense and tension, and conveys so much emotion in her writing

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.

Over the last decade, trans rights and gender variation as legal and a human rights issues have been high on the international and national agendas. Improved registration of and attention for gender variation and gender incongruence is accompanied by attention for the often far-reaching requirements that trans persons have to comply with in order to obtain legal recognition of their actual gender identity. A small but rapidly growing number of (mostly European and South American) States have recently reformed their legal frameworks of gender recognition by allowing trans persons to change their official sex registration on the basis of gender self-determination.Against that background, this book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination. Given the importance of State practice for the development of the right to gender self-determination and its implementation in law, particular attention is given to the national contexts of Belgium, Germany and Norway. These three countries may be perceived as world leaders in protecting trans rights, and therefore noteworthy 'laboratories' for future State practice.

'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.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

How do men's and women's paths to political office differ? Once in office, are women's powers more constrained than those of men? The number of women in executive leadership positions has grown substantially over the past five decades, and women now govern in vastly different contexts around the world. But their climbs to such positions don't necessarily correspond with social status and the existence of gender equity. In Shattered, Cracked, or Firmly Intact? Farida Jalalzai outlines important patterns related to women executive's paths, powers, and potential impacts. In doing so, she combines qualitative and quantitative analysis and explores both contexts in which women successfully gained executive power and those in which they did not. The glass ceiling has truly shattered in Finland (where, to date, three different women have come to executive power), only cracked in the United Kingdom (with Margaret Thatcher as the only example of a female prime minister), and remains firmly intact in the United States. While women appear to have made substantial gains, they still face many obstacles in their pursuit of national executive office. Women, compared to their male counterparts, more often ascend to relatively weak posts and gain offices through appointment as opposed to popular election. When dominant women presidents do rise through popular vote, they still almost always hail from political families and from within unstable systems. Jalalzai asserts the importance of institutional features in contributing positive representational effects for women national leaders. Her analysis offers both a broad understanding of global dynamics of executive power as well as particulars about individual women leaders from every region of the globe over the past fifty years. Viewing gender as embedded within institutions and processes, this book provides an unprecedented and comprehensive view of the complex, contradictory, and multifaceted dimensions of women's national leadership.

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.

Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes. This collection is founded upon the editors' joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.

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.

Though the number of women elected to the U.S. state legislatures has grown substantially in the last forty years, researchers still struggle to connect women's presence in the legislature to public policy outcomes that affect women. One reason for this struggle is that we lack a complete understanding of how political parties modify the relationship between women legislators' interests in representing women and the creation of public policies affecting women. In How Women Represent Women: Political Parties, Gender and Representation in the State Legislatures, Tracy L. Osborn examines the two avenues through which political parties fundamentally affect the ways in which partisan women legislators pursue women's issues policies. She argues that political parties structure representation in two ways. First, women's party identities shape the types of policy alternatives they offer to solve women's policy problems. Second, parties organize the legislative process by holding majority control, to varying degrees, over agenda setting and policy creation, promoting some women legislators' policy proposals over others. Osborn tests these two avenues of influence by comparing partisan women's legislative behavior toward the creation of women's issues policies across different party environments in the U.S. state legislatures. She uses original election, sponsorship, and roll call data in nearly all ninety-nine state legislative chambers in 1999-2000. She concludes that Republican and Democratic women offer different solutions to women's policy problems based on their party identities. Depending on which party controls the legislative process and how strongly they do so, this party control promotes one set of partisan policy alternatives over the other. Thus, political parties determine which women's issues policies become law. Ultimately, this book demonstrates how essential parties are to understanding how women elected to public office translate their interest in women's issues into substantive public policy.

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.