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Legal Capacity & Gender - Realising the Human Right to Legal Personhood and Agency of Women, Disabled Women, and Gender Minorities (Hardcover, 1st ed. 2021)
Loot Price: R3,856
Discovery Miles 38 560
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Legal Capacity & Gender - Realising the Human Right to Legal Personhood and Agency of Women, Disabled Women, and Gender Minorities (Hardcover, 1st ed. 2021)
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Total price: R3,876
Discovery Miles: 38 760
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This book explores the role of gender in the recognition of an
individual's legal capacity. It discusses the meaning of the right
to legal capacity and its two core elements - legal personhood and
legal agency. It then analyses historical and modern denials of
personhood and agency experienced by women, disabled women, and
gender minorities - for example, prohibitions from voting,
limitations on contracting, loss of personhood upon marriage, and
gender binary requirements leading to an inability to exercise
legal capacity, among others. Using critical feminist, disability,
and queer theory, this book also offers insights into the
construction of legal personhood and its role as a predictor of
power and privilege. The book identifies patterns of oppression
through legal capacity denial in various jurisdictions and
discusses situations in which modern law continues to enforce these
denials. In addition, the book presents solutions: it identifies
practices to learn from in various jurisdictions around the world -
including both civil law and common law jurisdictions. It also uses
case studies to illustrate the ways in which existing laws,
policies and practices could be reformed. As such, the book offers
both a novel contribution to the field of legal capacity law and a
tool for creating change and helping to realise the right to legal
capacity for all.
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