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Feminist Judgments in International Law

Feminist Judgments in International Law PDF Author: Loveday Hodson
Publisher: Bloomsbury Publishing
ISBN: 1509914455
Category : Law
Languages : en
Pages : 533

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Book Description
"One of the more interesting recent developments in legal methodology has been the emergence of feminist rewriting of key judgments. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring as it does how key judgments in international law might have differed if women's voices were given more prominence. This collection asks if feminist perspectives can offer meaningful and viable alternatives to international law norms. Does that application result in distinguishable differences in outcomes? It looks at the question with particular reference to: sources of international law; the public and private divide; state responsibility; human rights protection; ethics of care; boundaries and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law"--

Feminist Judgments in International Law

Feminist Judgments in International Law PDF Author: Loveday Hodson
Publisher: Bloomsbury Publishing
ISBN: 1509914455
Category : Law
Languages : en
Pages : 533

View

Book Description
"One of the more interesting recent developments in legal methodology has been the emergence of feminist rewriting of key judgments. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring as it does how key judgments in international law might have differed if women's voices were given more prominence. This collection asks if feminist perspectives can offer meaningful and viable alternatives to international law norms. Does that application result in distinguishable differences in outcomes? It looks at the question with particular reference to: sources of international law; the public and private divide; state responsibility; human rights protection; ethics of care; boundaries and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law"--

Feminist Judgments in International Law

Feminist Judgments in International Law PDF Author: Loveday Hodson
Publisher: Bloomsbury Publishing
ISBN: 1509914420
Category : Law
Languages : en
Pages : 536

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Book Description
The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.

Feminist Judgments

Feminist Judgments PDF Author: Kathryn M. Stanchi
Publisher: Cambridge University Press
ISBN: 1107126622
Category : Law
Languages : en
Pages : 615

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Book Description
Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.

Feminist Judgments: Rewritten Property Opinions

Feminist Judgments: Rewritten Property Opinions PDF Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
ISBN: 1108835538
Category : Law
Languages : en
Pages : 445

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Book Description
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.

Feminist Judgments: Rewritten Property Opinions

Feminist Judgments: Rewritten Property Opinions PDF Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
ISBN: 1108858716
Category : Law
Languages : en
Pages :

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Book Description
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.

Feminist Judgments: Rewritten Tax Opinions

Feminist Judgments: Rewritten Tax Opinions PDF Author: Bridget J. Crawford
Publisher: Cambridge University Press
ISBN: 1316510204
Category : Law
Languages : en
Pages : 363

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Book Description
Feminist scholars rewrite major tax decisions in order to illustrate the key role of viewpoint in statutory interpretation.

Australian Feminist Judgments

Australian Feminist Judgments PDF Author: Heather Douglas
Publisher: Bloomsbury Publishing
ISBN: 1782255400
Category : Law
Languages : en
Pages : 380

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Book Description
This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.

Scottish Feminist Judgments

Scottish Feminist Judgments PDF Author: Sharon Cowan
Publisher: Bloomsbury Publishing
ISBN: 1509923276
Category : Law
Languages : en
Pages : 472

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Book Description
An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.

Northern / Irish Feminist Judgments

Northern / Irish Feminist Judgments PDF Author: Máiréad Enright
Publisher: Bloomsbury Publishing
ISBN: 1509908943
Category : Law
Languages : en
Pages : 624

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Book Description
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast

Indigenous Legal Judgments

Indigenous Legal Judgments PDF Author: Nicole Watson
Publisher: Routledge
ISBN: 1000401243
Category : History
Languages : en
Pages : 342

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Book Description
This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.