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Sex and Gender in the Legal Process

Sex and Gender in the Legal Process PDF Author: Susan S. M. Edwards
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 496

Book Description
This work examines the evolution of law and legal method, and challenges the law's claim to neutrality by examining its role in creating and reproducing inequality between the sexes. It considers many of the current debates, and in each, the law is stated with reference to recent developments in statute and judicial decisions in the UK and other jurisdictions. The author illustrates how each issue is shaped by the current political climate and, where relevant, by the European Court. Reference is also made to US and Australian case law. The book should be of interest to students studying women and the law, family law, criminal law and jurisprudcence, as well as those on criminology and sociology courses. It should also be useful to family and criminal practitioners.

Sex and Gender in the Legal Process

Sex and Gender in the Legal Process PDF Author: Susan S. M. Edwards
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 496

Book Description
This work examines the evolution of law and legal method, and challenges the law's claim to neutrality by examining its role in creating and reproducing inequality between the sexes. It considers many of the current debates, and in each, the law is stated with reference to recent developments in statute and judicial decisions in the UK and other jurisdictions. The author illustrates how each issue is shaped by the current political climate and, where relevant, by the European Court. Reference is also made to US and Australian case law. The book should be of interest to students studying women and the law, family law, criminal law and jurisprudcence, as well as those on criminology and sociology courses. It should also be useful to family and criminal practitioners.

Gender Law and Policy

Gender Law and Policy PDF Author: Katharine T. Bartlett
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1260

Book Description
Gender Law and Policy, Fourth Edition, by Katharine T. Bartlett, Deborah L. Rhode, Joanna L. Grossman, Deborah L. Brake, and Frank Rudy Cooper provides the theoretical frameworks, legal cases, and policy background necessary for analyzing a broad range of gender issues in the law. It is an ideal text for undergraduate courses in Women’s Studies, Political Science, and other fields focusing on gender law and policy, including Women and the Law and Gender Law and Policy. This text features lucid introductions in each chapter that illuminate the issues significant to each topic, alternative theoretical perspectives that facilitate open-minded problem-solving, and incisive commentary by leading scholars and policymakers. Timely coverage of foundational and cutting-edge issues includes constitutional law, employment law, Title IX and education (including sports), family law, sexual harassment, sexual violence, pornography, prostitution, global trafficking, LGBT issues, and women’s sexual and reproductive health. Features of the Fourth Edition: Organized in five chapters focusing on different theoretical frameworks to enable students to grasp different conceptualizations of equality and justice. Introductory chapter with a broad overview of the theoretical frameworks, as well as the adjacent critical theories with the most relevance to the study of gender and law—intersectionality, queer theory, and masculinities studies. Includes more than 200 “Putting Theory into Practice” Problems, most based on real-life, unresolved problems, to keep a consistent, stimulating focus on the relationship between theory and practice. Coverage of latest developments in the field, including Supreme Court decisions on abortion and LGBT discrimination. Features boxed definitions of terms and explanations of the legal process that are important for understanding the cases and a glossary where students can look up unfamiliar terms and concepts. Provides timelines and charts for graphic enhancement of important information. Offers clear introductions to each chapter, subject matter, and lead case, along with reading questions, so that students can focus on the implications of the law rather than figure out the content of the law. Tailors cases to undergraduate use, almost entirely omitting procedural issues but preserving detailed facts necessary for analysis. New or enhanced coverage of the #MeToo movement, reproductive justice, campus sexual assault, trans athlete bans, and intimate partner violence. Professors and students will benefit from: Adaptation of the best-selling law school gender and law textbook for undergraduate use for courses in gender, law, and policy. Intersperses theoretical and practice materials: excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion. Provides complete, up-to-date coverage of conventional “women and the law” issues, including constitutional law, employment law, affirmative action, sexual harassment, reproductive rights, domestic violence, Title IX, and poverty and race, along with analysis of cutting-edge issues relating to LGBTQ and nonbinary individuals.

Sex, Sexuality, Law, and (In)justice

Sex, Sexuality, Law, and (In)justice PDF Author: Henry F. Fradella
Publisher: Routledge
ISBN: 1317528913
Category : Social Science
Languages : en
Pages : 523

Book Description
Sex, Sexuality, Law, and (In)Justice covers a wide range of legal issues associated with sexuality, gender, reproduction, and identity. These are critical and sensitive issues that law enforcement and other criminal justice professionals need to understand. The book synthesizes the literature across a wide breadth of perspectives, exposing students to law, psychology, criminal justice, sociology, philosophy, history, and, where relevant, biology, to critically examine the social control of sex, gender, and sexuality across history. Specific federal and state case law and statutes are integrated throughout the book, but the text moves beyond the intersection between law and sexuality to focus just as much on social science as it does on law. This book will be useful in teaching courses in a range of disciplines—especially criminology and criminal justice, history, political science, sociology, women and gender studies, and law.

Gender, Sexuality, and the Law

Gender, Sexuality, and the Law PDF Author: Debra L. DeLaet
Publisher: Routledge
ISBN: 0429565879
Category : Law
Languages : en
Pages : 269

Book Description
This volume examines the role of law as a tool for advancing women’s rights and gender equity in local, national, and global contexts. Many feminist scholars note a marked failure of law to achieve goals connected to women’s rights and gender equality. Despite its limitations, law provides aspirational norms that can be mobilized to hold institutions accountable and to provide material benefit to those excluded from systems of power. In conversation with each other, the chapters in this volume help to advance understanding of both the limitations and the potential of law as a tool for advancing democratic participation, rights, and justice around issues related to gender and sexuality. Contributors acknowledge, to varying degrees, that law has important symbolism and may be used as a lever to mobilize change. At the same time, some offer cautionary notes about the potential downside risks and unintended consequences of relying upon law in pursuit of women’s rights and gender equity. Collectively, the chapters in this volume explore the disjuncture between the promise and expectation of legal reform and the lived experience of those laws by people intended as the beneficiaries of legal change. This book was originally published as a special issue of Global Discourse.

Justice and Gender

Justice and Gender PDF Author: Deborah L. RHODE
Publisher: Harvard University Press
ISBN: 0674042670
Category : Law
Languages : en
Pages : 441

Book Description
This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota

Doing Justice, Doing Gender

Doing Justice, Doing Gender PDF Author: Susan Ehrlich Martin
Publisher: SAGE
ISBN: 1452236666
Category : Social Science
Languages : en
Pages : 297

Book Description
"Martin and Jurik provide a clear body of evidence illuminating the gendered nature of criminal justice occupations. Of the multitude of feminist works on this topic, this is one of the best analyses available." —CRIMINAL JUSTICE REVIEW Doing Justice, Doing Gender: Women in Legal and Criminal Justice Occupations is a highly readable, sociologically grounded analysis of women working in traditionally male dominant justice occupations of law, policing, and corrections. This Second Edition represents not only a thorough update of research on women in these fields, but a careful reconsideration of changes in justice organizations and occupations and their impact on women′s justice work roles over the past 40 years. New to the Second Edition: Introduces a wider range of workplace diversity and experiences: An expanded sociological theoretical framework grasps the interplay of gender, race, ethnicity, and sexual orientation in understanding workplace identities and inequities. Provides a better understanding of the centrality of gender issues to understanding the legal and criminal justice system in general: This edition further connects women′s work experiences to social trends and consequent changes in legal system and in criminal justice agencies. Offers a more international perspective: More material is included on women lawyers, police, and correctional officers in countries outside the U.S. Intended Audience: This is an excellent supplemental text for advanced undergraduate and graduate courses such as Gender & Work; Women and Work; Sociology of Work and Occupations; Women and the Criminal Justice System; and Gender Justice in the departments of Sociology, Criminal Justice, Women′s Studies, and Social Work.

State Crime, Women and Gender

State Crime, Women and Gender PDF Author: Victoria E. Collins
Publisher: Routledge
ISBN: 1317690222
Category : Social Science
Languages : en
Pages : 238

Book Description
The United Nations has called violence against women "the most pervasive, yet least recognized human rights abuse in the world" and there is a long-established history of the systematic victimization of women by the state during times of peace and conflict. This book contributes to the established literature on women, gender and crime and the growing research on state crime and extends the discussion of violence against women to include the role and extent of crime and violence perpetrated by the state. State Crime, Women and Gender examines state-perpetrated violence against women in all its various forms. Drawing on case studies from around the world, patterns of state-perpetrated violence are examined as it relates to women’s victimization, their role as perpetrators, resistors of state violence, as well as their engagement as professionals in the international criminal justice system. From the direct involvement of Condaleeza Rice in the United States-led war on terror, to the women of Egypt’s Arab Spring Uprising, to Afghani poetry as a means to resist state-sanctioned patriarchal control, case examples are used to highlight the pervasive and enduring problem of state-perpetrated violence against women. The exploration of topics that have not previously been addressed in the criminological literature, such as women as perpetrators of state violence and their role as willing consumers who reinforce and replicate the existing state-sanctioned patriarchal status quo, makes State Crime, Women and Gender a must-read for students and scholars engaged in the study of state crime, victimology and feminist criminology.

Understanding the Well-Being of LGBTQI+ Populations

Understanding the Well-Being of LGBTQI+ Populations PDF Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309680816
Category : Social Science
Languages : en
Pages : 437

Book Description
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.

The Oxford Handbook of Gender, Sex, and Crime

The Oxford Handbook of Gender, Sex, and Crime PDF Author: Rosemary Gartner
Publisher: Oxford Handbooks
ISBN: 0199838704
Category : Law
Languages : en
Pages : 745

Book Description
The editors, Rosemary Gartner and Bill McCarthy, have assembled a diverse cast of criminologists, historians, legal scholars, psychologists, and sociologists from a number of countries to discuss key concepts and debates central to the field. The Handbook includes examinations of the historical and contemporary patterns of women's and men's involvement in crime; as well as biological, psychological, and social science perspectives on gender, sex, and criminal activity. Several essays discuss the ways in which sex and gender influence legal and popular reactions to crime. An important theme throughout The Handbook is the intersection of sex and gender with ethnicity, class, age, peer groups, and community as influences on crime and justice. Individual chapters investigate both conventional topics - such as domestic abuse and sexual violence - and topics that have only recently drawn the attention of scholars - such as human trafficking, honor killing, gender violence during war, state rape, and genocide.

Gender Law and Policy

Gender Law and Policy PDF Author: Katharine T. Bartlett
Publisher: Aspen Publishers
ISBN: 9781454841289
Category : Equality before the law
Languages : en
Pages : 0

Book Description
Gender Law and Policy touches on every area of life-topics thatreach us all-such as employment, family, education, and sexual identity. Katharine T. Bartlett and Deborah L. Rhode offer a theoretical framework that supports thoughtful and systematic analysis, alongside over 100 practical questions of contemporary law and policy. Features: Organized in theoretical frameworks to enable student to grasp different conceptualizations of equality and justice. Provides complete, up-to-date coverage of conventional "women and the law" issues, including employment law, affirmative action, sexual harassment, reproductive rights, domestic violence, Title IX, and poverty and race. Shows the complex ways in which gender permeates the law, including issues relating to property, ethics, contracts, sports, and criminal law. Tailors cases to undergraduate use, almost entirely omitting procedural issues