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Author: Martha Chamallas
Publisher:
ISBN:
Category :
Languages : en
Pages : 42
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Book Description
Tort law in the US has failed to provide adequate protection against gender-related harms that disproportionately affect women. Because of the imposition of doctrinal and other restrictions on recovery, there is no reliable means of tort compensation for victims of domestic violence, rape and sexual assault. Only a small number of intentional tort cases have been brought directly against offenders, mainly leaving the criminal law to deal the problem. Although more negligence suits have been brought against institutional defendants for failure to prevent sexual violence, the developing law has not yet had an appreciable effect on cases of domestic violence or acquaintance rape. In the realm of reproductive harms affecting pregnancy, childbirth, and fertility, tort protection has also been precarious, with claims of women and other plaintiffs relegated to the disfavored tort of negligent infliction of emotional distress. The chapter connects these recent developments to feminist theory.
Author: Martha Chamallas
Publisher:
ISBN:
Category :
Languages : en
Pages : 42
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Book Description
Tort law in the US has failed to provide adequate protection against gender-related harms that disproportionately affect women. Because of the imposition of doctrinal and other restrictions on recovery, there is no reliable means of tort compensation for victims of domestic violence, rape and sexual assault. Only a small number of intentional tort cases have been brought directly against offenders, mainly leaving the criminal law to deal the problem. Although more negligence suits have been brought against institutional defendants for failure to prevent sexual violence, the developing law has not yet had an appreciable effect on cases of domestic violence or acquaintance rape. In the realm of reproductive harms affecting pregnancy, childbirth, and fertility, tort protection has also been precarious, with claims of women and other plaintiffs relegated to the disfavored tort of negligent infliction of emotional distress. The chapter connects these recent developments to feminist theory.
Author: Janice Richardson
Publisher: Routledge
ISBN: 1136335358
Category : Law
Languages : en
Pages : 250
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Book Description
Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..
Author: Martha E. Chamallas
Publisher: Aspen Publishing
ISBN: 1454831294
Category : Law
Languages : en
Pages : 732
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Book Description
The leading text in the field, Introduction to Feminist Legal Theory was the first book that served as an introductory survey of feminist jurisprudence. Its historical view of feminist legal theory places issues in social context and thoroughly reviews the evolving paradigms of contemporary feminism from the 1970s through the present. The full range of legal issues affecting women are covered, including gender discrimination, rape, sexual harassment, motherhood, reproductive issues, and much more. Clear, energetic presentation keeps students engaged and involved with succinct overviews, intellectually stimulating material, and jargon-free prose. The Third Edition features up-to-date theories and topics, such as the "autonomy" feminism and "masculinities" theory. Expansion of the current theory-based structure includes the "big three" feminisms described in the previous edition and the "new three" feminisms, which are expanded in the third edition. New applied areas are covered as well, such as transgender legal issues and sex trafficking. While the book remains U.S.-focused, important new material on global and comparative feminism has been added. Throughout the text, students will find discussion about changes in the law since 2003 on issues such as rape, pay equity, sex stereotyping, marriage equality, Title IX, and more. Thoroughly updated, the revised Third Edition presents: Up-to-date theories and topics "autonomy" feminism, "masculinities" theory, "social justice" feminism LGBT and critical race perspectivesa Two-part organization, focusing on chronology and substantive areas of the law that are of particular importance to feminist legal scholars Part one focuses on chronology by examining the three generations of feminist legal theory that have emerged since 1971 the Generation of Equality (1970s) the Generation of Difference (1980s) the Generation of Complex Identities (1990s to present) this part will also include the "new three" feminisms in the 3rd edition (intersectional, autonomy and postmodern feminism) Part two focuses on substantive areas of the law, which fall into three categories economic subordination of women sexual subordination of women motherhood and reproduction Introduction of new applied areas transgender legal issues sex trafficking reproductive justice More material on global and comparative feminism, while remaining U.S.-focused Discussion of changes in the law since 2003 rape domestic violence pay equity torts and tax law same-sex marriage Title IX, and more
Author: Anne Bottomley
Publisher: Routledge
ISBN: 1135351554
Category : Law
Languages : en
Pages : 604
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Book Description
First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Katherine Bartlett
Publisher: Routledge
ISBN: 0429980116
Category : Social Science
Languages : en
Pages : 785
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Book Description
This book offers powerful analyses of the relationship between law and gender and new understandings of the limits of, and opportunities for, legal reform drawn from the experiences of women and from critical perspectives developed within other disciplines.
Author: Robin West
Publisher: Edward Elgar Publishing
ISBN: 1786439697
Category :
Languages : en
Pages : 544
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Book Description
The Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.
Author: Vanessa E. Munro
Publisher: Routledge
ISBN: 1317043413
Category : Law
Languages : en
Pages : 548
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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: Martha Fineman
Publisher: Routledge
ISBN: 0415635020
Category : Law
Languages : en
Pages : 394
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Book Description
Annotation 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. This timely work provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women's lives.
Author: Nancy Levit
Publisher: NYU Press
ISBN: 0814751989
Category : Law
Languages : en
Pages : 256
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Book Description
An updated edition of the praised primer for feminist legal theory and how it shapes contemporary gender issues At long last, the complex field of feminist legal theory is presented in accessible, teachable form by two of its experts, Nancy Levit and Robert R. M. Verchick. In this outstanding primer, the authors introduce the diverse strands of feminist legal theory and the array of substantive legal issues relevant to women's and gender studies. The book centers on feminist legal theories—including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The authors also address feminist legal methods, such as consciousness raising and storytelling. The primer demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. Levit and Verchick highlight a sweeping range of cutting edge topics at the intersection of law and gender, such as single sex schools, women in the military, abortion, same sex marriage, date rape, and the international trafficking in women and girls. At its core, Feminist Legal Theory shows the importance of the role of law and feminist legal theory in shaping contemporary gender issues.
Author: Martha Albertson Fineman
Publisher: Routledge
ISBN: 1136204784
Category : Social Science
Languages : en
Pages : 384
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Book Description
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.
