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 : 55. 49 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.

The Ashgate Research Companion To Feminist Legal Theory

Author : Vanessa E. Munro
ISBN : 9781317043423
Genre : Law
File Size : 20. 48 MB
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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.

The Public Law Of Gender

Author : Kim Rubenstein
ISBN : 9781107138575
Genre : Law
File Size : 28. 85 MB
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Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.

Legal Feminism

Author : Ann Scales
ISBN : 9780814798454
Genre : Law
File Size : 52. 28 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.

Muslim Women And Shari Ah Councils

Author : S. Bano
ISBN : 9781137283856
Genre : Political Science
File Size : 36. 60 MB
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Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

Deconstructing Legal Analysis

Author : Peter T. Wendel
ISBN : 9781454804505
Genre : Law
File Size : 60. 91 MB
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Peter T. Wendel has taught academic success workshops at over thirty-five law schools throughout the country. In Deconstructing Legal Analysis: A 1L Primer, he provides a variety of time-tested techniques-including a unique model for visualizing legal analysis-to teach students how to think like lawyers and take law school exams. Deconstructing Legal Analysis: A 1L Primer features: a unique, visual pedagogical method that illustrates a relational analysis of facts, rules, and public policy an interactive approach that consistently encourages students to write down their answers to carefully guided questions a great teaching case, Pierson v. Post, showing how a layperson reads a case as compared to how a lawyer would read the same case useful templates and methods for legal analysis and essay-exam writing, such as IRAC and IRRAC exam-taking tips and guidance that emphasize flexibility, rather than a formulaic approach If experience is the best teacher, then Deconstructing Legal Analysis is an essential for academic success in law school.

At The Boundaries Of Law

Author : Martha Fineman
ISBN : 9780415635028
Genre : Social Science
File Size : 25. 54 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.

Privatization Vulnerability And Social Responsibility

Author : Martha Albertson Fineman
ISBN : 9781315387536
Genre : Business & Economics
File Size : 21. 10 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.

Diversity And European Human Rights

Author : Eva Brems
ISBN : 9781107026605
Genre : Law
File Size : 47. 89 MB
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A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.

What Is Criminology

Author : Mary Bosworth
ISBN : 9780191635410
Genre : Law
File Size : 48. 69 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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