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This book raises awareness about gender perspective in political
and legal theories and historical analysis. The impacts of feminist
political and legal theories, as well as critical legal studies,
have been embedded in all the papers in different ways and degrees.
Differences among feminist political and legal ideas are visible in
the different approaches. The ongoing issue of defining gender, for
example, is a recurring theme in the texts. Some papers question
the binary basis of the gender issue and the notion of gender as
such, while others start from the binary dichotomy and attempt to
expand the consideration towards a multi-dimensional understanding
of gender identities. The main focus is on a feminist
reconsideration of all relevant fields of legal knowledge. The
primary aim is to demystify the seemingly neutral character of
legal norms and legal knowledge and highlight the power relations
at different layers, beginning with male and female legal subjects
of Western heredity (in terms of culture, ethnicity, and race),
then moving on to different needs and power relations among female
persons of different races and classes, and finally addressing
differentiating gender relations and identities beyond the
framework of the women-men binary codification, i.e., also taking
into consideration the multiple options of intersex, transgender,
queering, etc. Taking seriously the issue of the "maleness" of
political and legal theories is indeed a challenging and relevant
endeavor for legal scholars. The male bias is present not only
throughout history but also in the present, given that our
"universal" categories of political and legal thought are still
overburdened by unequal power relations. It is also important to
open our minds and knowledge production for a gender-sensitive and
gender-competent intersectional approach, which would also include
various queer-, race- and class-based considerations. These tasks
should be of interest not only to critical legal scholars but also
all those belonging to mainstream legal and political thought.
Male-dominated law and legal knowledge essentially characterized
the whole of pre-modern history in that the patriarchy represented
the axis of social relations in both the private and public
spheres. Indeed, modern and even contemporary law still have
embedded elements of patriarchal heritage, even in the secular
modern legal systems of Western developed countries, either within
the content of legislation or in terms of its implementation and
interpretation. This is true to a greater or lesser extent across
legal systems, although the secular modern legal systems of the
Western developed countries have made great advances in terms of
gender equality. The traditional understanding of law has always
been self-evidently dominated by men, but modern law and its
understanding have also been more or less "malestreamed."
Therefore, it has become necessary to overcome the given
"maskulinity" of legal thought. In contemporary legal and political
orders, gender mainstreaming of law has been of the utmost
importance for overcoming deeply and persistently embedded power
relations and gender-based, unequal social relations. At the same
time and equally importantly, the gender mainstreaming of legal
education - to which this book aims to contribute - can help to
gradually eliminate this male dominance and accompanying power
relations from legal education and higher education as a whole.
This open access textbook provides an overview of gender issues in
all areas of law, including sociological, historical and
methodological issues. Written for students and teachers around the
globe, it is intended to provide both a general overview and
in-depth knowledge in the individual areas of law. Relevant court
decisions and case studies are supplied throughout the book.
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