Author: Rosemary Hunter Publisher: Bloomsbury Publishing ISBN: 184731449X Category : Law Languages : en Pages : 212
Book Description
The concept of equality has been a key animating principle of modern feminism, and has been highly productive for feminist legal thought and feminist politics concerning law. Today however, given the failure to achieve material and psychic equality for women, feminists have come to challenge the usefulness of equality as a concept, a particular definition, or a basis for strategising. The papers in this collection reflect these concerns, primarily in the context of English-speaking, common law cultures. Collectively, the papers analyse a range of equality projects across a number of areas of public and private law, considering both competing conceptions of equality and alternatives to it. In taking stock across a century and a half and around the globe, the book illustrates the range of ways in which equality projects in law have been challenged by, and remain a challenge for, feminism.
Author: Barbara Havelková Publisher: Bloomsbury Publishing ISBN: 1509905847 Category : Law Languages : en Pages : 368
Book Description
"Since the fall of the Berlin wall there has been a surprising dearth of high quality of scholarship on legal culture in the communist successor states of East Central Europe. In this excellent book Barbara Havelkova engages with the reversal of many of the advances the socialist period made in gender relations, examining the historical roots of the current failure of Czech law to engage with the discriminatory practices that have negatively affected the lives of women. She does this by a forensic excavation of law, discourses and practices of the socialist era revealing the patriarchal assumptions underpinning them that became deeply embedded in Czech legal culture, and that have been carried forward to the present day. The book is a compelling read. It provides answers to many of the questions that have perplexed feminists about the post-soviet transition and at the same time speaks more generally to the debates surrounding the troubling rightward shift in the politics of the communist successor states of Europe." Professor Judith Pallot, President of the British Association for Slavonic and East European Studies "In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.
Author: Karla Perez Portilla Publisher: Routledge ISBN: 1317421434 Category : Law Languages : en Pages : 304
Book Description
This book examines the harm that everyday discrimination can cause and proposes ways in which it can be redressed. Extreme forms of harmful expression, such as incitement to hatred, have been significantly addressed in law. Everyday generalised prejudice, negative stereotypes and gross under-representation of disadvantaged groups in mainstream media are, however, widely perceived as ‘normal’, and their criticism is regularly trivialised. In response, this book draws on critical and feminist theory in order to forge a theoretical analysis of the harm created through everyday discrimination. Arguing that anti-discrimination law can and should be extended as a tool to offer protection against the harm inflicted, the book goes on to consider both its limits, and possibilities, for redressing this discriminatory practice.
Author: Vanessa E. Munro Publisher: Routledge ISBN: 1317043421 Category : Law Languages : en Pages : 436
Book Description
As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.
Author: Robert Leckey Publisher: Routledge ISBN: 1317950496 Category : Law Languages : en Pages : 236
Book Description
Groups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.
Author: Mark S. Ellis Publisher: Oxford University Press ISBN: 0199641447 Category : Law Languages : en Pages : 417
Book Description
Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Author: Margaret Thornton Publisher: ANU E Press ISBN: 1921666773 Category : Law Languages : en Pages : 407
Book Description
This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People. The essays are illuminated by recourse to a rich vein of historical and contemporary literature. Regard is also paid to the comparative experience of other jurisdictions, particularly the UK and Canada.
Author: Sari Kouvo Publisher: Bloomsbury Publishing ISBN: 1847316476 Category : Law Languages : en Pages : 250
Book Description
The essays in this volume analyse feminism's positioning vis-à-vis international law and the current paradigms of international law. The authors argue that, willingly or unwillingly, feminist perspectives on international law have come to be situated between 'resistance' and 'compliance'. That is, feminist scholarship aims at deconstructing international law to show why and how 'women' have been marginalised; at the same time feminists have been largely unwilling to challenge the core of international law and its institutions, remaining hopeful of international law's potential for women. The analysis is clustered around three themes: the first part, theory and method, looks at how feminist perspectives on international law have developed and seeks to introduce new theoretical and methodological tools (especially through a focus on psychoanalysis and geography). The second part, national and international security, focuses on how feminists have situated themselves in relation to the current discourses of 'crisis', the post-9/11 NGO 'industry' and the changing discourses of violence against women. The third part, global and local justice, addresses some of the emerging trends in international law, focusing especially on transitional justice, state-building, trafficking and economic globalisation.
Author: Victoria Barnes Publisher: Bloomsbury Publishing ISBN: 1509962093 Category : Law Languages : en Pages : 315
Book Description
This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK. She has fostered the study of women's academic careers and, more politically, advanced progress on gender and equality issues including same-sex marriage and property law. Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside. Just as Rosemary's work does, the book seeks to end the marginalisation and exclusion of women in the legal world, by including them. The book begins fittingly with a discussion of Miss Bebb, the woman whose biography Auchmuty deployed to push feminist legal history into the mainstream. It turns then to a discussion of women known and unknown and their struggles within the legal profession offering within those chapters a critical appraisal of the role of history and biography as a methodology. From there it moves to consider feminist perspectives and critiques of the dominant structures of private law. This is followed by chapters that explore those who educate the legal profession within the academy. The chapters, and the collection as a whole, examine areas of law that have a deep significance for women's lives.
Author: Anne Quéma Publisher: University of Toronto Press ISBN: 1442649038 Category : Literary Criticism Languages : en Pages : 374
Book Description
Examining modern jurisprudence theory, statutory law, and the family within the modern Gothic novel, Anne Quéma shows how the forms and effects of political power transform as one shifts from discourse to discourse.
Author: Rosemary Hunter
Author: Barbara Havelková
Author: Karla Perez Portilla
Author: Vanessa E. Munro
Author: Robert Leckey
Author: Mark S. Ellis
Author: Margaret Thornton
Author: Sari Kouvo
Author: Victoria Barnes
Author: Anne Quéma