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Books > Law > English law > Private, property, family
"Little did I know that my intimidation by senior officers in the UNDP had only just begun." Fouzia Saeed dreamed of bringing social change to the women of Pakistan and was thrilled to land her dream job at the world's ethical compass and institutional tour de force: The United Nations. As expected, the UN was a gathering place for passionate minds devoted to human rights and justice for all. Shockingly, at the UN mission in Pakistan it was also a breeding ground for powerful men who viewed women as sexual objects rather than professional equals. Refusing her boss's advances didn't stop the harassment. Reporting him to superiors didn't either. In her years-long struggle with torment and humiliation at the UN, Fouzia held strong, knowing her fight for women's rights was the only thing that could keep her going. But how do you fight for others' rights when you cannot even take hold of your own? Can you ever change a culture that views sexual harassment by a man as a woman's crime? Fouzia and a group of female colleagues, who similarly suffered in the workplace, gained the courage to risk their reputations. They filed a joint compliant and promptly found themselves under attack by their managers who aligned with the perpetrator in an effort to crush their case. Working with Sharks follows eleven indestructible women and the case that sparked a national movement and culminated in the passage of legislation that made sexual harassment a crime in Pakistan in 2010. Inspirational and poignant, Working with Sharks encourages women in any part of the world to find their voice and stand up to sexual harassment.
Extensive welfare, law, and policy reforms characterized the making and unmaking of Keynesian states in the 20th century. This collection highlights the gendered nature of these regulatory shifts and, specifically, the roles played by women - as reformers, welfare workers, and welfare recipients - in the historical development of welfare states. The contributors are leading feminist socio-legal scholars from a range of disciplines in the US, Canada, and Israel. Collectively, their analyses of women, law, and poverty speak to long-standing and ongoing feminist concerns: the importance of historically informed research, the relevance of women's agency and resistance to the experience of inequality and injustice, the specificity of the experience of poor women and poor mothers, the implications of changes to social policy, and the possibilities for social change. Such analyses are particularly timely as the devastation of neo-liberalism becomes increasingly obvious. The current world crisis of capitalism is a defining moment for liberal states - a global catastrophe that concomitantly creates a window of opportunity for critical scholars and activists to reframe debates about social welfare, work, and equality, and to reinsert the discourse of social justice into the public consciousness and political agenda of liberal democracies. (Series: Onati International Series in Law and Society)
"Feminist Legal Theory" is just over a decade old in the United States and is even younger in most other countries. Here, Francis Olsen presents the best articles from within this burgeoning field. Drawing on literature which is extremely rich and varied, these volumes include articles from a range leading legal scholars and feminists. Two volumes.
At what age do girls gain the maturity to make sexual choices? This question provokes especially vexed debates in India, where early marriage is a widespread practice. India has served as a focal problem site in NGO campaigns and intergovernmental conferences setting age standards for sexual maturity. Over the last century, the country shifted the legal age of marriage from twelve, among the lowest in the world, to eighteen, at the high end of the global spectrum. Ashwini Tambe illuminates the ideas that shaped such shifts: how the concept of adolescence as a sheltered phase led to delaying both marriage and legal adulthood; how the imperative of population control influenced laws on marriage age; and how imperial moral hierarchies between nations provoked defensive postures within India. Tambe's transnational feminist approach to legal history shows how intergovernmental debates influenced Indian laws and how expert discourses in India changed UN terminology about girls. Ultimately, the well-meaning focus on child marriage became tethered less to the well-being of girls themselves and more to parents' interests, population control targets, and the preservation of national reputation.
This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.
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
The bitter and public court battle waged between Nina and James Walker of Newport, Rhode Island from 1909 to 1916 created a sensation throughout the nation with lurid accounts of-and gossip about-their marital troubles. The ordeal of this high-society couple, who wed as much for status as for love, is one of the prime examples of the growing trend of women seeking divorce during the early twentieth century. Gross Misbehavior and Wickedness-the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty-recounts the protracted legal proceedings in juicy detail. Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce-in an era when women needed husbands for economic support-was associated with women's aspirations for independence and rights. The Walkers' dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture.
The bitter and public court battle waged between Nina and James Walker of Newport, Rhode Island from 1909 to 1916 created a sensation throughout the nation with lurid accounts of-and gossip about-their marital troubles. The ordeal of this high-society couple, who wed as much for status as for love, is one of the prime examples of the growing trend of women seeking divorce during the early twentieth century. Gross Misbehavior and Wickedness-the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty-recounts the protracted legal proceedings in juicy detail. Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce-in an era when women needed husbands for economic support-was associated with women's aspirations for independence and rights. The Walkers' dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture.
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 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.
A man slips on the dancefloor and breaks his leg - he recovers damages. A child has both legs amputated as a result of meningitis, and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. This critique of the present law and practice relating to damages, shows that the damages system is in fact a lottery. It contends that the public are paying far too much for an unfair and inefficient insurance system, and that reform is long overdue. The book concludes that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for injuries should be dealt with by individual or group insurance policies.
Offers a comprehensive and critical review of the many important international dimensions in English family law Presents detailed analysis of The Hague child abduction convention, the United Nations convention on the rights of the child, The Hague child protection convention and the European convention on contact concerning children Offers a refreshing new approach to aspects of private international law such as the recognition of foreign marriages and divorce and the conflicts rules governing financial relief on divorce, matrimonial property and succession Seeks to explain the multi-layered nature and process of family law's internationalisation Contains a thorough analysis of the wide range of international and European instruments that affect the content and contours of domestic family law
A concise guide to the UK Building Regulations for the many people working on simple projects such as building extensions and building adaptations.
Starting with the mid-nineteenth-century campaign by the American Female Moral Reform Society to criminalize seduction and moving forward to the late twentieth-century conservative effort to codify a national abstinence-only education policy, "Regulating Desire" explores the legal regulation of young women s sexuality in the United States. The book covers five distinct time periods in which changing social conditions generated considerable public anxiety about youthful female sexuality and examines how successive generations of reformers sought to revise the law in an effort to manage unruly desires and restore a gendered social order. J. Shoshanna Ehrlich draws upon a rich array of primary source materials, including reform periodicals, court cases, legislative hearing records, and abstinence curricula to create an interdisciplinary narrative of socially embedded legal change. Capturing the complex and dynamic nature of the relationship between the state and the sexualized youthful female body, she highlights how the law both embodies and shapes gendered understandings of normative desire as mediated by considerations of race and class."
Part of the successful Routledge-Cavendish Q&A series, which provides students with essential advice and guidance on essay and exam success, this new edition has been fully updated and revised to incorporate new developments in land law since the publication of the previous edition, including full reference to the Land Registration Act 2002 and an assessment of the new legislation. It covers:
Demonstrating effective methods of answering typical exam and assessment questions, each chapter is arranged so that basic principles are considered first, with more complex issues being dealt with once simpler ones have been mastered. Giving students an important insight into exactly what examiners are looking for in an answer, this book is an excellent revision and practice guide.
Each Routledge-Cavendish Q&A contains 50 questions on topics commonly found on exam papers, with comprehensive suggested answers. The titles are written by lecturers who are also examiners, so the student gains an important insight into exactly what examiners are looking for in an answer. This makes them excellent revision and practice guides. This new edition contains five new questions and answers which incorporate the most recent decisions and statute law on a whole range of tort law topics, including Human rights; Negligence; Statutory powers; Privacy and the Compensation Act 2006. Demonstrating to candidates how to translate knowledge into answers that will attract high grades in examinations, it is especially useful for the undergraduate law student who is in the process of preparing for examinations.
Set out along the "RIBA Plan of Work", this work helps designers to understand the practical implications of the legislation, highlighting particular problem areas and offering pointers about how they may be resolved. Noise is a matter of critical concern at every stage of construction projects and is controlled through a broad array of Acts, regulations and standards. Designers are increasingly required to minimise its negative impacts on communities and individuals - be they workers, occupants or neighbours - and failure to do so can disrupt project programmes, increase costs and prejudice building use and client operations. Set out along the "RIBA Plan of Work" and written by a highly respected architect and acoustician, "Legislation Maze: Noise" will help designers to understand the practical implications of the legislation, highlighting particular problem areas and offering pointers about how they may be resolved. Directly relevant legislation such as the Control of Noise at Work Regulations 2006, the Construction (Design and Management) Regulations 2007 and Part E of the Building Regulations are covered along with less directly relevant ones such as Environmental Protection Act 1990, and together they offer a handy first point of reference for the busy practitioner. The book is part of the "Legislation Maze" series which comprises short, easy-to-use topic-based guides for construction professionals and students in construction-related fields. It focuses on aspects of design and job management controlled by legislation, regulations and codes where these are otherwise difficult and time-consuming to assimilate.
All practising estate agents must understand the full implications of the recently extended Estate Agents Act 1979 and the Property Misdescriptions Act 1991. This book is designed to help achieve this aim. A lucid discussion of the statutory requirements, written from the estate agent's point of view, is followed by the full text of both Acts and the supporting orders and regulations.
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