transcending the boundaries of law generations of feminism and legal theory

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Transcending The Boundaries Of Law

Author : Martha Albertson Fineman
ISBN : 9781136949029
Genre : Law
File Size : 64. 76 MB
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Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.

Chronotopes Of Law

Author : Mariana Valverde
ISBN : 9781134714728
Genre : Law
File Size : 69. 84 MB
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This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination. Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geographers and legal scholars have proliferated in recent years, but these research traditions have remained largely separate. By adapting notions such as intertextuality, dialogism, and the ‘chronotope’ from Mikhail Bakhtin, notions designed specifically to synthesize considerations of space and time in a framework that is open-ended, interactive and dynamic, Mariana Valverde develops an anti-metaphysical theory and method for legal studies. This approach will be useful both to theorists and to researchers seeking to illuminate the actual workings of law and other forms of governance. Indeed, a key aim of the book is to break down the institutional and disciplinary barriers that prevent theorists from learning from empirical studies and viceversa. Written by one of the foremost sociolegal scholars writing today, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society.

At The Boundaries Of Law

Author : Martha Fineman
ISBN : 9780415635028
Genre : Social Science
File Size : 28. 50 MB
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Feminists have recently begun to challenge the powerful influence of the law on the social and cultural construction of women's roles, identities, and rights. At the Boundaries of Law is a timely and path-breaking work that provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women's lives. Together the essays examine the fertile – and radically revisionary – links between feminism and legal theory. But At the Boundaries of Law rejects the abstract 'grand theorizing' of traditional feminist legal theory, focusing instead on the concrete and material implications of the legal injustices endured by women. These essays emphasise the complex diversity of female experience, collectively arguing for legal theory and practice that both recognises and accommodates the concept of 'difference' – in gender, class, race and sexual orientation. At the Boundaries of Law also raises provocative questions about the methodology and future of feminist legal theory itself. In its rich variety of issues and approaches, this volume will command the interest not only of legal theorists, but of those interested in women's studies, philosophy, politics, sociology and history. It is sure to set the future agenda for scholars, policymakers and anyone concerned with the role of law in society.

Legal Feminism

Author : Ann Scales
ISBN : 9780814798454
Genre : Law
File Size : 54. 39 MB
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In the late 1970s, feminist scholars and activists joined together to build a movement aimed at bringing feminist theory and experiences to the practice and teaching of American law. Since then, the feminist jurisprudence movement has taken root, with courts and legislatures addressing matters of sex and gender inequality, and law schools employing feminist and post-feminist theory in the classroom. In this book, Ann Scales, a founding contributor to the movement, reflects on the past, present, and future of feminist jurisprudence. Part personal memoir, part primer, and part treatise, Legal Feminism is a de-jargonized account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society.

Masculinities And The Law

Author : Ann C. McGinley
ISBN : 9780814723500
Genre : Law
File Size : 35. 48 MB
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According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.

Vulnerability

Author : Martha Albertson Fineman
ISBN : 9781317000907
Genre : Law
File Size : 70. 13 MB
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Martha Albertson Fineman’s earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the ’autonomous’ subject of liberal law and politics in the context of US equality discourse. Her ’vulnerability thesis’ represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ’vulnerability thesis’. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman’s work, as well as those for whom Fineman’s work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

Feminist And Queer Legal Theory

Author : Mr Adam P Romero
ISBN : 9781409496861
Genre : Law
File Size : 70. 50 MB
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This groundbreaking collection brings together leading contemporary legal theory scholars creating an interdisciplinary dialogue which explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. The richness and vitality of feminist and queer theories, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.

Privatization Vulnerability And Social Responsibility

Author : Martha Albertson Fineman
ISBN : 9781315387529
Genre : Business & Economics
File Size : 57. 86 MB
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Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.

Women And The Law Stories

Author : Elizabeth M. Schneider
ISBN : 1599415895
Genre : Law
File Size : 60. 58 MB
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This book examines landmark cases establishing women's legal rights, offering accounts of the litigants, history, parties, strategies, and theoretical implications. It will enrich any law school course and can serve as a text for a course on women and the law, gender and law, feminist jurisprudence, or women's studies. This volume utilizes subject areas common to many women and law casebooks: history, constitutional law, reproductive freedom, the workplace, the family, and women in the legal profession. Several chapters explore issues of domestic violence and rape. See http://law.scu.edu/socialjustice/women-and-the-law-stories-book.cfm (a website with additional resources for teaching).

What Is Criminology

Author : Mary Bosworth
ISBN : 9780191635410
Genre : Law
File Size : 40. 79 MB
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Criminology is a booming discipline, yet one which can appear divided and fractious. In this rich and diverse collection of essays, some of the world's leading criminologists respond to a series of questions designed to investigate the state, impact, and future challenges of the discipline: What is criminology for? What is the impact of criminology? How should criminology be done? What are the key issues and debates in criminology today? What challenges does the discipline of criminology face? How has criminology as a discipline changed over the last few decades? The resulting essays identify a series of intellectual, methodological, and ideological borders. Borders, in criminology as elsewhere, are policed, yet they are also frequently transgressed; criminologists can and do move across them to plunder, admire, or learn from other regions. While some boundaries may be more difficult or dangerous to cross than others it is rare to find an entirely secluded locale or community. In traversing ideological, political, geographical, and disciplinary borders, criminologists bring training, tools, and concepts, as well as key texts to share with foreigners. From such exchanges, over time, borders may break down, shift, or spring up, enriching those who take the journey and those who are visited. It is, in other words, in criminology's capacity for and commitment to reflexivity, on which the strength of the field depends.

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