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.

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.

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.

Gender quotas are a controversial policy measure. However, over the past twenty years they have been widely adopted around the world and especially in Europe. They are now used in politics, corporate boards, state and local public administration and even in civil society organizations. This book explores this unprecedented phenomenon, providing a unique comparative perspective on gender quotas' adoption across thirteen European countries. It also studies resistance to gender quotas by political parties and supreme courts. Providing up-to-date comprehensive data on gender quotas regulations, Transforming Gender Citizenship proposes a typology of countries, from those which have embraced gender quotas as a new way to promote gender equality in all spheres of social life, to those who have consistently refused gender quotas as a tool for gender equality. Reflecting on divergences and commonalities across Europe, the authors analyze how gender quotas may transform dominant conception of citizenship and gender equality.

This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.

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.

What Women Want is a trenchant examination of the struggle for women's equality, and a prescription for what to focus on next in order to ensure maximum success. Feminism today is a movement that lacks leadership, unity, and definition, and it has gotten stuck in a boom and bust cycle when it comes to public opinion and action. Despite significant progress over the last fifty years, equality is still a distant goal in the political, social, and economic spheres. Only by identifying the barriers (both internal and external) that remain, Deborah Rhode argues, can we begin to identify solutions. A rigorously researched and well-written answer to the glut of gender-related books that have come onto the market recently, What Women Want comprehensively analyzes the challenges the feminist movement faces today. Combining sharp academic analysis and interviews with notable figures such as Sheryl Sandberg, Rhode focuses on five main topics: employment issues such as pay discrimination, work-life balance and the government's pitiful response, the assault on women's reproductive rights and the limits it places on their economic mobility, sexual harassment and violence, and the detrimental effect that the unfashionable label "feminist" can have, especially in attracting young women to the movement. Despite these formidable obstacles, the goals and principles of feminism are widely accepted by the American mainstream, and Rhode, herself a pathbreaker in the fields of law and education, offers effective strategies for redefining and advancing the feminist agenda, thereby creating a movement that truly recognizes, and is responsive to, what all women want.

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.

Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into six parts: I) feminism as a challenge to constitutional theory; II) feminism and judging; III) feminism, democracy, and political participation; IV) the constitutionalism of reproductive rights; V) women's rights, multiculturalism, and diversity; and VI) women between secularism and religion.

The relationship between class and intimate violence against women is much misunderstood. While many studies of intimate violence focus on poor and working-class women, few examine the issue comparatively in terms of class privilege and class disadvantage. James Ptacek draws on in-depth interviews with sixty women from wealthy, professional, working-class, and poor communities to investigate how social class shapes both women's experiences of violence and the responses of their communities to this violence. Ptacek's framing of women's victimization as "social entrapment" links private violence to public responses and connects social inequalities to the dilemmas that women face.

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.

Reproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.

Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into six parts: I) feminism as a challenge to constitutional theory; II) feminism and judging; III) feminism, democracy, and political participation; IV) the constitutionalism of reproductive rights; V) women's rights, multiculturalism, and diversity; and VI) women between secularism and religion.

When we talk about sex-whether great, good, bad, or unlawful-we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.

In the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution.

Confronting the patriarchal origins and male-dominated institutions of international law, over the last several decades serious thinking about gender and international law has developed into a flourishing discourse within its host discipline. From the lecture theatres and conferences of academia to the corridors of international institutions frequented by non-governmental organizations, diplomats, and the bureaucrats of international institutions, gender issues are now placed firmly on the international-law agenda. Indeed, scholarship on gender and international law is now an important and dynamic area of critique that continues to challenge the failures of the political, legal, and institutional frameworks of international law. As research in gender and international law continues to flourish, this new four-volume collection from Routledge's Critical Concepts in Law series brings together the most influential scholarship to date, gathering foundational and canonical theoretical work, together with innovative and cutting-edge applications and interventions. It provides an understanding of the development of the field of gender and international law, as well as highlighting areas of thought-provoking research to stimulate future developments in the field. The first volume in the collection ('Defining Gender and International Law') assembles key works to illustrate the development of the field and provide users with a clear understanding of the concepts, methods, and theoretical underpinnings of gender and international law. Volume II ('Doing Gender and International Law: Actors and Institutions') brings gender and international law to life as an action-orientated field, theoretically sophisticated, but focused on and contributing to changes in how international and national law-makers treat gendered issues. Volume III ('Key Legal Themes in Gender and International Law') provides an overview of the different legal themes that have engaged scholars analysing international law from feminist, women-centred, or gendered perspectives. The scholarship assembled in the final volume ('Critical Movements and Emerging Issues in Gender and International Law') collects work that encourages critical reflections about gendered analyses of contemporary issues in international law. It also highlights where increased attention is needed, or where current approaches by feminist international legal scholars might require further scrutiny. With a full index, together with a comprehensive introduction, newly written by the learned editors, which places the collected material in its historical and intellectual context, Gender and International Law is an essential work of reference and will be welcomed by researchers, advanced students, practitioners, and policy-makers.

Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy-a practice that results from an expanded understanding of expertise based on lived experience-and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

Sexual rules and regulations are among society's oldest yet it is only in recent decades that this once-stigmatized field has become the focus of scholarly attention. This volume, which includes some of the most thought-provoking and hard-to-find essays in the field, covers a diverse range of topics from sexual orientation and gender identity to intersexuality and commercial sex, and from HIV/AIDS and trafficking to polygamy. Through historical, political and critical-theoretical lenses, and through a global focus, the selections ask how we conceptualize the groups and acts subjected to sexual regulation and how regulations in the field implicate and produce understandings of sexuality and identity. By placing this variety of works together, Sexuality and Equality Law invites fresh insights into commonalities and synergies across regulatory arenas that are often isolated from one another. The volume's introduction situates all of these works in the broader field and offers readers an extensive bibliography.

This volume draws on several decades of advocacy for law reform to advance gender equality. The essays illustrate the evolution of dominant theoretical approaches and trace their application to core issues, such as the meaning of gender, family formation and roles, equality in the workplace, reproductive rights and violence. The selections are international in their range and include recent works that summarize foundational discussions as well as less well-known articles and essays which capture defining issues with enduring resonance. Taken together, these articles form the basis for discussions of recurring themes such as: how best to define and account for biological, social or cultural differences based on gender; how the law can recognize historic and ongoing gender subordination while supporting individuals' autonomy and agency; and the nature and role of women's sexuality. They exemplify the ongoing dialectic between well-intentioned reform and unintended consequences that characterizes ongoing efforts to advance equality based on gender.