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Author: Teresa Phipps
Publisher: Routledge
ISBN: 100052888X
Category : History
Languages : en
Pages : 300
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Book Description
This edited collection, written by both established and new researchers, reveals the experiences of litigating women across premodern Europe and captures the current state of research in this ever-growing field. Individually, the chapters offer an insight into the motivations and strategies of women who engaged in legal action in a wide range of courts, from local rural and urban courts, to ecclesiastical courts and the highest jurisdictions of crown and parliament. Collectively, the focus on individual women litigants – rather than how women were defined by legal systems – highlights continuities in their experiences of justice, while also demonstrating the unique and intersecting factors that influenced each woman’s negotiation of the courts. Spanning a broad chronology and a wide range of contexts, these studies also offer a valuable insight into the practices and priorities of the many courts under discussion that goes beyond our focus on women litigants. Drawing on archival research from England, Scotland, Ireland, France, the Low Countries, Central and Eastern Europe, and Scandinavia, Litigating Women is the perfect resource for students and scholars interested in legal studies and gender in medieval and early modern Europe.
Author: Teresa Phipps
Publisher: Routledge
ISBN: 100052888X
Category : History
Languages : en
Pages : 300
Get Book Here
Book Description
This edited collection, written by both established and new researchers, reveals the experiences of litigating women across premodern Europe and captures the current state of research in this ever-growing field. Individually, the chapters offer an insight into the motivations and strategies of women who engaged in legal action in a wide range of courts, from local rural and urban courts, to ecclesiastical courts and the highest jurisdictions of crown and parliament. Collectively, the focus on individual women litigants – rather than how women were defined by legal systems – highlights continuities in their experiences of justice, while also demonstrating the unique and intersecting factors that influenced each woman’s negotiation of the courts. Spanning a broad chronology and a wide range of contexts, these studies also offer a valuable insight into the practices and priorities of the many courts under discussion that goes beyond our focus on women litigants. Drawing on archival research from England, Scotland, Ireland, France, the Low Countries, Central and Eastern Europe, and Scandinavia, Litigating Women is the perfect resource for students and scholars interested in legal studies and gender in medieval and early modern Europe.
Author: Rama Srinivasan
Publisher: Rutgers University Press
ISBN: 1978803559
Category : Social Science
Languages : en
Pages : 217
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Book Description
Inquiries into marital patterns can serve as an effective lens to analyze social structures and material cultures not only on the question of sexuality, but also on the nature of a private citizen’s engagement with state and law. Through ethnographic research in courtrooms, community,and kinship spaces, the author outlines the transformations in material culture and political economy that have led to renewed negotiations on the institution of marriage in North India, especially in legal spaces. Tracing organically evolving notions of sexual consent and legal subjectivity, Courting Desire underlines how non-normative decisions regarding marriage become possible in a region otherwise known for high instances of honor killings and rigid kinship structures. Aspirations for consensual relationships have led to a tentative attempt to forge relationships that are non-normative but grudgingly approved after state intervention. The book traces this nascent and under-explored trend in the North Indian landscape.
Author: Neelam Tyagi
Publisher: Springer Nature
ISBN: 9811610150
Category : Law
Languages : en
Pages : 350
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Book Description
This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
Author: Cornelia Hughes Dayton
Publisher: UNC Press Books
ISBN: 0807838241
Category : History
Languages : en
Pages : 401
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Book Description
Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.
Author: Jim Thomas
Publisher: Rowman & Littlefield
ISBN: 9780847674770
Category : Law
Languages : en
Pages : 308
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Book Description
'...a brilliant investigation...Thomas' book not only is an excellent descriptive and interpretive analysis but it will surely provide the basis of further research on JHLs and jailhouse lawyering. It presently stands as the definitive statement on the subject.'-CONTEMPORARY SOCIOLOGY
Author: Shewli Kumar
Publisher: Notion Press
ISBN: 1947498371
Category : Social Science
Languages : en
Pages : 237
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Book Description
This book is an effort to describe and analyze the reasons why women seek maintenance from their estranged husbands under 125CrPC. Despite the changing development paradigm in India, which is redefining gender roles making women more visible in the economic arena as well as in certain positions of power, a large number of women continue to depend on men for sustenance and survival. The cultural construct of women being dependent needing protection and as symbols of honor of their families and community continue to haunt them throughout their life. While violence against women is one part of the increasing patriarchy in society, on the other hand the dependency of women continues to be another reality reinforced by socio-cultural norms and traditions. In India, within its diverse population, women’s experiences of childhood, adolescence and marriage follow complex patterns. This book explores the 125CrPC, a common law for maintenance, which is one legal measure that women use to find a way out of destitution and get financial relief when a marriage ends. It makes an effort to locate the real life experiences of women in Delhi, who are seeking maintenance, the diversities in these experiences and explains the varied reasons as to why they need to do so. It also looks into why and how they reached the dependent status and what their experiences are while litigating for maintenance in the courts. It unravels the trials that they go through to prove their wifehood as chaste, obedient and pure so they may be granted maintenance and this is significantly highlighted in the book.
Author: Wilfrid R. Prest
Publisher: UNSW Press
ISBN: 9780868405506
Category : Actions and defenses
Languages : en
Pages : 228
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Book Description
Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.
Author: Benjamin Kelly
Publisher: Oxford Studies in Ancient Docu
ISBN: 0199599610
Category : History
Languages : en
Pages : 448
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Book Description
Through the analysis of legal documents surviving on papyrus, such as petitions, reports of court proceedings, and letters, this book examines the contribution that petitioning and litigation made to the maintenance of the social order in Roman Egypt between 30 BC and AD 284, and focuses on how the legal system achieved its formal goals.
Author: Barbara Burrell
Publisher: Routledge
ISBN: 1317516281
Category : Political Science
Languages : en
Pages : 279
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Book Description
This textbook for courses on women and politics thematically integrates two profound historical developments focusing on women's political participation in contemporary public life in the United States. The second wave of women’s rights activism has now spanned a half century producing a revolution in women’s presence and influence in the public realm of American life. Over the course of this same era, however, a second phenomenon of rising economic inequality has also dramatically changed the American landscape. Burrell’s text uniquely examines the effect of the age of inequality on women’s advancement toward economic and political equality and in turn how policy initiatives of the women’s movement have addressed inequality issues. Students will come to better understand what’s at stake in the politics and policy issues from the women’s rights movement to the "war on women" debate. Explaining a diverse set of issues and viewpoints, Burrell brings a fresh approach to the engagement of women in the public realm over the past half century. Framing this activism in the great economic divide of the same time period provides a thought-provoking, challenging, and broad thematic approach to this history. The text chronicles the many diverse types of actions women have taken in the contemporary era to achieve gender equity, empowerment, and a greater public voice. Women—both liberal feminist and conservative— have run for and been elected to positions of leadership at all levels of government. Women have formed organizations to lobby for equity in employment and education, in the military and to promote reproductive rights. They have engaged in unconventional political activities marching against and protesting the actions and policies of economic corporations and governmental institutions. Women with few economic resources have joined together to challenge local power structures. In addition to efforts to improve the lives and status of women in the United States, nongovernmental organizations (NGOs) have formed to promote global women’s rights. Readers of this text will gain a great appreciation of the multiple political voices of American women and the challenges to continued unequal voices.
Author: Alicia Ely Yamin
Publisher: Harvard University Press
ISBN: 0986106208
Category : Law
Languages : en
Pages : 446
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Book Description
The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
