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Books > Social sciences > Politics & government
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Gender Perspectives in Private Law (Hardcover, 1st ed. 2023)
Loot Price: R4,230
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Gender Perspectives in Private Law (Hardcover, 1st ed. 2023)
Series: Gender Perspectives in Law, 4
Expected to ship within 10 - 15 working days
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This book discusses prominent and controversial gender-related
issues across the fields of family law, tort law, labour law, civil
procedure law, ADR and private international law. An important
critical assumption made by the authors is that the gender equality
perspective has been largely neglected in several branches of
private law, since scholars researching the intersection between
gender and legal studies are mostly focused on public law and human
rights law. In light of that, the book contributes not only to the
deconstruction of gender-blind private law, but also to the
development of a gender-competent analysis of the key branches of
private law, starting with private international law. Gender
perspective in family law is analyzed on the basis of gendered and
heteronormative operations of family law with reference to the
formation of legally recognized relationships, the establishment of
legal parenthood, the division of marital property after a divorce,
and the arrangements for post-separation parenting. Also,
regulation of family matters in Indian society and the gender
equality perspective from the principle of the child's best
interest are considered. As far as tort law is concerned, the book
addresses compensation for damages suffered by women performing
unpaid household work. Further, it contains papers dedicated to the
following labour law issues: the genesis of labor law and its
capacity to contribute either to worsening gender inequality in the
world of work or to promoting gender equality; gender segregation
in the labour market and its connection to family-friendly policies
in the European Union; sexual harassment at work; and the impact of
work digitalization on gender-related labour law issues. Lastly,
the authors analyze gender equality in civil procedural law, as
well as in mediation as a tool for encouraging the peaceful
settlement of disputes. The book is intended to improve awareness
of the wide range of private law issues that are important for
understanding the ways in which gender inequality shapes everyday
experiences, while also presenting critical considerations of the
key private law instruments for achieving gender equality.
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