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Books > Law > English law > Private, property, family > Gender law
The right to divorce is a symbol of individual liberty and gender
equality under the law, but in practice it is anything but
equitable. Family Law in Action reveals the persistent class and
gender inequalities embedded in the process of separation and its
aftermath in Quebec and France. Drawing on empirical research
conducted on their respective court and welfare systems, Emilie
Biland analyzes how men and women in both places encounter the law
and its representatives in ways that affect their personal and
professional lives. This rigorous but compassionate study
encourages governments to make good on the emancipatory promise
enshrined in divorce law.
This book tells the untold story of the Married Women's
Association. Unlike more conventional histories of family law,
which focus on legal actors, it highlights the little-known yet
indispensable work of a dedicated group of life-long activists.
Formed in 1938, the Married Women's Association took reform of
family property law as its chief focus. The name is deceptively
innocuous, suggesting tea parties and charity fundraisers, but in
fact the MWA was often involved in dramatic confrontations with
politicians, civil servants, and Law Commissioners. The Association
boasted powerful public figures, including MP Edith Summerskill,
authors Vera Brittain and Dora Russell, and barrister Helena
Normanton. They campaigned on matters that are still being debated
in family law today. Quiet Revolutionaries sheds new light upon
legal reform then and now by challenging longstanding assumptions,
showing that piecemeal legislation can be an effective stepping
stone to comprehensive reform and highlighting how unsuccessful
bills, though often now forgotten, can still be important triggers
for change. Drawing upon interviews with members' friends and
family, and thousands of archival documents, the book is compulsory
reading for lawyers, legal historians, and anyone who wishes to
explore histories of law reform from the ground up. To listen to
podcast episodes about the Married Women's Association, featuring
interviews and archival research, visit
quietrevolutionaries.podbean.com.
Gender Justice and the Law presents a collection of essays that
examines how gender, as a category of identity, must continually be
understood in relation to how structures of inequality define and
shape its meaning. It asks how notions of "justice" shape gender
identity and whether the legal justice system itself privileges
notions of gender or is itself gendered. Shaped by politics and
policy, Gender Justice essays contribute to understanding how
theoretical practices of intersectionality relate to structures of
inequality and relations formed as a result of their interaction.
Given its theme, the collection's essays examine theoretical
practices of intersectional identity at the nexus of "gender and
justice" that might also relate to issues of sexuality, race,
class, age, and ability.
Gender and Justice is a unique core textbook that introduces key
concepts through case studies. Each chapter opens with a compelling
case study that illustrates key concepts, followed by a narrative
chapter that builds on the case study to introduce essential
elements. Each chapter features pedagogical elements-learning
objectives, key terms, review and study questions, and suggestions
for further learning and exploration. In addition to the unique
case study approach, this book is distinctive in its inclusion of
LGBTQ experiences in crime, victimization, processing, and
punishment. Gender and Justice also addresses masculinity and the
role it plays in defining offenders and victims, as well as
challenges posed by the gender gap in offending.
While the general public may feel uncomfortable discussing sexual
assault and violence with neighbors or coworkers, the popularity of
Twitter, Snapchat, and a host of other social media platforms
suggests that we are not shy about expressing our opinions online.
Debates that just a few years ago would have taken place in real
life have been relocated online; allowing eager commenters to share
their thoughts on guilt or innocence with legions of virtual
strangers. Crowdsourcing the Law explores how everyday participants
interpret and apply law in the influential online court of public
opinion. Engaging a multidisciplinary, case study approach, the
book analyzes social media comments about public figures such as
Bill Cosby, Brock Turner, and Harvey Weinstein to address ambitious
questions like: How are rape myths being challenged, reinforced,
and reinvented on social media? What is the promise and peril of
the #MeToo movement for transforming the law? And can due process
be afforded in the face of an increasingly powerful virtual jury?
Doctors routinely deny patients access to hormonal birth control
prescription refills, and this issue has broad interest for
feminism, biomedical ethics, and applied ethics in general. Medical
Sexism argues that such practices violate a variety of legal and
moral standards, including medical malpractice, informed consent,
and human rights. Jill B. Delston makes the case that medical
sexism serves as a major underlying cause of these systemic and
persistent violations. Delston also considers other common abuses
in the medical field, such as policy on abortion access and
treatment in childbirth. Delston argues that sexism is a better
explanation for the widespread abuse of patient autonomy in
reproductive health and health care generally. Identifying,
addressing, and rooting out medical sexism is necessary to
successfully protect medical and moral values.
Law and Gender in Modern Ireland: Critique and Reform is the first
generalist text to tackle the intersection of law and gender in
this jurisdiction for over two decades. As such, it could hardly
have come at a more opportune moment. The topic of law and gender,
perhaps more so than at any other time in Irish history, has
assumed a dominant place in political and academic debate. Among
scholars and policy-makers alike, the regulation of gendered
bodies, and the legal status of sexual and gendered identities, is
now a highly visible fault line in public discourse. Debates over
reproductive justice (exemplified by the recent referendum to
remove the '8th Amendment'), increased rights for lesbian, gay,
bisexual and transgender persons (including the public-sanctioned
introduction of same-sex marriage) and the historic mistreatment of
women and young girls have re-shaped Irish public and political
life, and encouraged Irish society to re-examine long-unchallenged
gender norms. While many traditional flashpoints remain such as
abortion and prostitution/sex work, there are also new questions,
including surrogacy and the gendered experience of asylum
frameworks, which have emerged. As policy-makers seek to enact
reforms, they face a population with increasingly polarised
perceptions of gender and a legal structure ill-equipped for modern
realities. This edited volume directly addresses modern Irish
debates on law and gender. Providing an overview of the existing
rules and standards, as well as exploring possible options for
reform, the collection stands as an important statement on the law
in this jurisdiction, and as an invaluable resource for pursuing
gendered social change. While the edited collection applies a
doctrinal methodology to explain current statutes, case law and
administrative practices, the contributors also invoke critical
gender, queer and race perspectives to identify and problematise
existing (and potential) challenges. This edited collection is
essential reading for all who are interested in law, gender and
processes of social change in modern Ireland.
Television and streamed series that viewers watch on their TVs,
computers, phones, and tablets are a crucial part of popular
culture They have an influence on viewers and on law. People
acquire values, behaviors, and stereotypes, both positive and
negative, from television shows, which are relevant to people's
acquisition of beliefs and to the development of law.. In this
book, readers will find the first transnational, empirical look at
ethnicity, gender, and diversity on legally-themed TV shows.
Scholars determine the three most watched legally-themed shows in
Brazil, Britain, Canada, Germany, Greece, Poland, Switzerland and
the United States and then examine gender, age, ability, ethnicity,
race, class, sexual orientation and nationality in those shows and
countries. As such, this book provides an important link between
law, TV, and what is going on in real life.
The EU has slowly but surely developed a solid body of equality law
that prohibits different facets of discrimination. While the Union
had initially developed anti-discrimination norms that served only
the commercial rationale of the common market, focusing on
nationality (of a Member State) and gender as protected grounds,
the Treaty of Amsterdam (1997) supplied five additional prohibited
grounds of discrimination to the EU legislative palette, in line
with a much broader egalitarian rationale. In 2000, two EU Equality
Directives followed, one focusing on race and ethnic origin, the
other covering the remaining four grounds introduced by the Treaty
of Amsterdam, namely religion, sexual orientation, disabilities and
age. Eighteen years after the adoption of the watershed Equality
Directives, it seems timely to dedicate a book to their limits and
prospects, to look at the progress made, and to revisit the rise of
EU anti-discrimination law beyond gender. This volume sets out to
capture the striking developments and shortcomings that have taken
place in the interpretation of relevant EU secondary law. Firstly,
the book unfolds an up-to-date systematic reappraisal of the five
'newer' grounds of discrimination, which have so far received
mostly fragmented coverage. Secondly, and more generally, the
volume captures how and to what extent the Equality Directives have
enabled or, at times, prevented the Court of Justice of the
European Union from developing even broader and more refined
anti-discrimination jurisprudence. Thus, the book offers a glimpse
into the past, present and - it is hoped - future of EU
anti-discrimination law as, despite all the flaws in the Union's
'Garden of Earthly Delights', it offers one of the highest
standards of protection in comparative anti-discrimination law.
Women's Legal Landmarks commemorates the centenary of women's
admission in 1919 to the legal profession in the UK and Ireland by
identifying key legal landmarks in women's legal history. Over 80
authors write about landmarks that represent a significant
achievement or turning point in women's engagement with law and law
reform. The landmarks cover a wide range of topics, including
matrimonial property, the right to vote, prostitution, surrogacy
and assisted reproduction, rape, domestic violence, FGM, equal pay,
abortion, image-based sexual abuse, and the ordination of women
bishops, as well as the life stories of women who were the first to
undertake key legal roles and positions. Together the landmarks
offer a scholarly intervention in the recovery of women's lost
history and in the development of methodology of feminist legal
history as well as a demonstration of women's agency and activism
in the achievement of law reform and justice.
The first textbook to consider gender perspectives in relation to
the whole undergraduate law curriculum in England and Wales. Gender
is of central importance in every area of law and every area of
people's lives but is rarely mentioned in the formal LLB syllabus;
this book is designed to fill some of those gaps. 18 chapters,
written by experts in the field, cover all the core modules on the
English LLB together with 11 of the most popular options. Aimed at
students and lecturers on undergraduate and postgraduate Gender and
Law modules, the book will also be useful for all LLB and LLM
students studying English law, who may use it to accompany their
studies from their first to their final year, and also for
prospective law students, legal scholars from outside England and
Wales, and scholars in other disciplines.
Drawing on the insights of Indigenous feminist legal theory, Emily
Snyder examines representations of Cree law and gender in books,
videos, graphic novels, educational websites, online lectures, and
a video game. Although these resources promote the revitalization
of Cree law and the principle of miyo-wicehtowin (good relations),
Snyder argues that they do not capture the complexities of gendered
power relations. The majority of these resources either erase
women's legal authority by not mentioning them, or they diminish
their agency by portraying Cree laws and gender roles in
inflexible, aesthetically pleasing ways that overlook power
imbalances and other forms of oppression.
As members of the fastest-growing demographic group in America,
Latinos are increasingly represented in the professional class, but
they continue to face significant racism. Everyday Injustice
introduces readers to the challenges facing Latino professionals
today. Examining the experiences of many of the most privileged
members of the largest racial and ethnic community in the United
States, Maria ChOvez provides important insights into the
challenges facing racialized groups, particularly Latinos, in the
United States. Her study looks at Latino lawyers in depth, weaving
powerful personal stories and interview excerpts with a broader
analysis of survey research and focus groups. The book examines
racial framing in America, the role of language and culture among
Latino professionals, the role of Latinos in the workplace, their
level of civic participation, and the important role that education
plays in improving their experiences. One chapter discusses the
unique challenges that Latinas face in the workplace as both women
and people of color. The findings outlined in Everyday Injustice
suggest that despite considerable success in overcoming
educational, economic, and class barriers, Latino professionals
still experience marginalization. A powerful illustration of racism
and inequality in America.
This volume explores the difficulties that beset African women and
inhibit them from excelling in many walks of life in the
twenty-first century. Asymmetrical relations in society position
women in subjugated and marginalized roles. This is caused by
customary practices that have left women in vulnerable and
subsidiary positions, as well as statutory provisions that fester
this process. Despite its richness in raw materials and minerals,
Africa remains slow to grow when compared to other continents. The
economies of most African countries is severely anemic: corruption
is rife, poor governance is systemic, and wars, conflicts, famine
and diseases abound. Stalled economies disproportionately affects
women; for example, as nurturers, women have the extra
responsibility of taking care of children and members of the
extended family. In times of want, women are more likely to give up
the little they have so that their children and others may survive.
This book shows the various social and legal obstacles that stall
women's upward mobility and offers recommendations on how these
issues can be resolved.
Cultural views of femininity exerted a powerful influence on the
courtroom arguments used to defend or condemn notable women on
trial in nineteenth-century and early-twentieth-century America. By
examining the colorful rhetorical strategies employed by lawyers
and reporters of women's trials in newspaper articles, trial
transcriptions, and popular accounts, A. Cheree Carlson argues that
the men in charge of these communication avenues were able to
transform their own values and morals into believable narratives
that persuaded judges, juries, and the general public of a woman's
guilt or innocence. Carlson analyzes the situations of several
women of varying historical stature, from the insanity trials of
Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying
of her father and stepmother, to lesser-known trials involving
insanity, infidelity, murder, abortion, and interracial marriage.
The insanity trial of Elizabeth Parsons Ware Packard, the wife of a
minister, resulted from her attempts to change her own religion,
while a jury acquitted Mary Harris for killing her married lover,
suggesting that loss of virginity to an adulterous man was
justifiable grounds for homicide. The popular conception of
abortion as a "woman's crime" came to the fore in the case of Ann
Loman (also known as Madame Restell), who performed abortions in
New York both before and after it became a crime. Finally, Alice
Rhinelander was sued for fraud by her new husband Leonard for
"passing" as white, but the jury was more moved by the notion of
Alice being betrayed as a woman by her litigious husband than by
the supposed defrauding of Leonard as a white male. Alice won the
case, but the image of womanhood as in need of sympathy and
protection won out as well. At the heart of these cases, Carlson
reveals clearly just how narrow was the line that women had to
walk, since the same womanly virtues that were expected of
them--passivity, frailty, and purity--could be turned against them
at any time. These trials of popular status are especially
significant because they reflect the attitudes of the broad
audience, indicate which forms of knowledge are easily manipulated,
and allow us to analyze how the verdict is argued outside the
courtroom in the public and press. With gripping retellings and
incisive analysis of these scandalous criminal and civil cases,
this book will appeal to historians, rhetoricians, feminist
researchers, and anyone who enjoys courtroom drama.
In the landmark Lavallee decision of 1990, the Supreme Court of
Canada ruled that evidence of "battered woman syndrome" was
admissible in establishing self-defence for women accused of
killing their abusive partners. This book looks at the trials of
eleven battered women, ten of whom killed their partners, in the
fifteen years since Lavallee. Drawing extensively on trial
transcripts and a rich expanse of interdisciplinary sources, the
author looks at the evidence produced at trial and at how
self-defence was argued. By illuminating these cases, this book
uncovers the practical and legal dilemmas faced by battered women
on trial for murder.
This edited collection asks how key New Zealand judgments might
read if they were written by a feminist judge. Feminist judging is
an emerging critical legal approach that works within the confines
of common law legal method to challenge the myth of judicial
neutrality and illustrate how the personal experiences and
perspectives of judges may influence the reasoning and outcome of
their decisions. Uniquely, this book includes a set of cases
employing an approach based on mana wahine, the use of Maori values
that recognise the complex realities of Maori women's lives.
Through these feminist and mana wahine judgments, it opens
possibilities of more inclusive judicial decision making for the
future. 'This project stops us in our tracks and asks us: how could
things have been different? At key moments in our legal history,
what difference would it have made if feminist judges had been at
the tiller? By doing so, it raises a host of important questions.
What does it take to be a feminist judge? Would we want our judges
to be feminists and if so why? Is there a uniquely female
perspective to judging?' Professor Claudia Geiringer, Faculty of
Law, Victoria University of Wellington 'With this book, some of our
leading jurists expose the biases and power structures that
underpin legal rules and the interpretation of them. Some also give
voice to mana wahine perspectives on and about the law that have
become invisible over time, perpetuating the impacts of colonialism
and patriarchy combined on Maori women. I hope this book will be a
catalyst for our nation to better understand and then seek to
ameliorate these impacts.' Dr Claire Charters, Associate Professor,
Faculty of Law, University of Auckland 'The work is highly
illuminating and is critical to the development of our legal system
... It is crucial, not only for legal education, so that students
of the law open their minds to the different ways legal problems
can be conceptualised and decided. It is also crucial if we are
going to have a truly just legal system where all the different
voices and perspectives are fairly heard.' Professor Mark Henaghan,
Dean of the Faculty of Law, University of Otago 'I believe this
project is particularly important, as few academics or researchers
in New Zealand concentrate on judicial method. I am therefore
hopeful that it will provoke thoughtful debate in a critical area
for society.' The Honourable Justice Helen Winkelmann, New Zealand
Court of Appeal
This volume brings together classic articles which explore the
increasingly crucial and relatively recent concept of age
discrimination. Issues relating to an ageing workforce are now
widespread as many employees are either working longer in order to
compensate for depleted pensions; or, in countries where there are
labor shortages among younger workers, employers are trying to
induce older workers to remain in the workforce. The essays in this
volume explore the evolution of legislation against age
discrimination as well as the legal structures relating to age
discrimination in the US (where legislation is more advanced), the
European Union, Canada and Australia.
The problems related to the process of industrialisation such as
biodiversity depletion, climate change and a worsening of health
and living conditions, especially but not only in developing
countries, intensify. Therefore, there is an increasing need to
search for integrated solutions to make development more
sustainable. The United Nations has acknowledged the problem and
approved the "2030 Agenda for Sustainable Development". On 1st
January 2016, the 17 Sustainable Development Goals (SDGs) of the
Agenda officially came into force. These goals cover the three
dimensions of sustainable development: economic growth, social
inclusion and environmental protection. The Encyclopedia of the UN
Sustainable Development Goals comprehensively addresses the SDGs in
an integrated way. It encompasses 17 volumes, each devoted to one
of the 17 SDGs. This volume addresses SDG 5, namely "Achieve gender
equality and empower all women and girls" and contains the
description of a range of terms, which allows a better
understanding and fosters knowledge. This SDG is considered by many
as a pivotal goal since the significant role of women in achieving
sustainable development has always been acknowledged in several
official UN declarations. Yet gender disparity is still rampant
under various guises in various countries. Women's rights need to
be strongly safeguarded through legislation to ensure equal
opportunities. Concretely, the defined targets are: End all forms
of discrimination against all women and girls everywhere Eliminate
all forms of violence against all women and girls in the public and
private spheres, including trafficking and sexual and other types
of exploitation Eliminate all harmful practices, such as child,
early and forced marriage and female genital mutilation Recognize
and value unpaid care and domestic work through the provision of
public services, infrastructure and social protection policies and
the promotion of shared responsibility within the household and the
family as nationally appropriate Ensure women's full and effective
participation and equal opportunities for leadership at all levels
of decision-making in political, economic and public life Ensure
universal access to sexual and reproductive health and reproductive
rights as agreed in accordance with the Programme of Action of the
International Conference on Population and Development and the
Beijing Platform for Action and the outcome documents of their
review conferences Undertake reforms to give women equal rights to
economic resources, as well as access to ownership and control over
land and other forms of property, financial services, inheritance
and natural resources, in accordance with national laws Enhance the
use of enabling technology, in particular information and
communications technology, to promote the empowerment of women
Adopt and strengthen sound policies and enforceable legislation for
the promotion of gender equality and the empowerment of all women
and girls at all levels Editorial Board Katarzyna Cichos, Vijaya
Deshmukh, Melissa Haeffner, Sandra Hopkins, Tamara Hunt, Nerise
Johnson, Chhabi Kumar, Julia Mambo, Anagha Paul, Andreia Faraoni
Freitas Setti, Tony Wall
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