Gender in Philosophy and Law PDF Download

Author: Laura Palazzani
Publisher: Springer Science & Business Media
ISBN: 9400749910
Category : Law
Languages : en
Pages : 116

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Book Description
This book is an introductory systematic framework in the complex and interdisciplinary sex/gender debate, focusing on philosophy of law.The volume analyses the different theories that have dealt with the gender category, highlighting the conceptual premises and the arguments of the most influential theories in the debate, which have had repercussions on the field of the ethical and juridical debate (with reference to intersexuality, transsexualism, transgender, homosexuality). The aim is to offer a sort of conceptual orientation in the complexity of the debate, in an effort to identify the various aspects and development processes of the theories, so as to highlight the conceptual elements of the theorisations to grasp the problem areas within them. It is therefore an overall synthetic and also explicative analysis, but not only explicative: the aim is to outline the arguments supporting the different theories and the counter-arguments too, for the purpose of proposing categories to weigh up the elements and to take one’s own critical stance, with a methodological style that is neither descriptive nor prescriptive, but critical. ​

Author: Maria Drakopoulou
Publisher: Routledge
ISBN: 1135144877
Category : Law
Languages : en
Pages : 411

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Book Description
Presenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Feminist approaches to law usually take the form of either critical engagements with legal doctrine, legal concepts and ideas, or critical assessments of the effects that specific areas of law have upon the lives of women. This collection, however, although rooted in feminist legal scholarship, takes the established canon of legal texts as the object of inquiry. Taking as their common starting point the fact that legal texts are plural and open to multiple readings, all the contributions in this collection offer subversive, but supplementary, interpretations of the legal canon. In this respect, however, they do not merely sustain an array of feminist styles and theories of reading; revealing and re-appropriating the plural space of legal interpretation, they seek to open a hitherto unexplored arena for a feminist politics of law. Feminist Encounters with Legal Philosophy is a thoroughly researched interdisciplinary collection that will interest students and scholars of Law, Philosophy, and Feminism.

Author: Janice Richardson
Publisher: Routledge
ISBN: 1135343578
Category : Law
Languages : en
Pages : 284

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Book Description
What is the link between the way in which women are viewed as an aberration within law - such that pregnant women initially had to be compared with sick men to claim unfair dismissal - and the view of women as monstrous within philosophy? This book uses the failure of women to fit within male models of both law and theory as a way to rethink legal questions,including the meaning of equality, freedom, justice and citizenship. This includes concern about the way in which queer theory and critical race theory - as well as issues of class - intersect with feminist theory today. It also raises issues about the relationship between political theory and practice and the productive intersection between debates within law, philosophy and feminism. This collection of essays on feminist legal theory therefore provides an interdisciplinary approach, drawn not only from law and philosophy, but also from cultural and womens studies. Feminism may still be on the margins of both law and philosophy, yet it has the ability to disrupt both. This book moves beyond a feminist critique of existing frameworks to the constructive project of reworking theory from within. It goes beyond debates of traditional jurisprudence to draw its tools from the growing body of work on feminist philosophy - including the writings of Luce Irigaray, Drucilla Cornell and Christine Battersby - which intersect both contemporary continental philosophy and critical legal theory.

Author: Åsa Gunnarsson
Publisher: Routledge
ISBN: 1317137647
Category : Law
Languages : en
Pages : 267

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Book Description
Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.

Author: Susan James
Publisher: Hart Publishing
ISBN: 1841131954
Category : Law
Languages : en
Pages : 215

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Book Description
How should feminist theories conceive of the subject? What is it to be a legal person? What part does embodiment play in subjectivity? Can there be a conception of rights which does justice to the social contexts in which rights claims are embedded? Is the way the law constitutes legal subjects a form of violence? These questions lie at the heart of contemporary feminist theory,and in this collection they are addressed by a group of distinguished international scholars working in law, philosophy and politics. The volume, in which the concerns of one author are taken up by others, advances current debate on two interconnected levels. First, it contains original and ground-breaking discussions of the questions raised above. At the same time, it contains a more reflexive strand of argument about the intellectual resources available to feminist thinkers, and the advantages and dangers of borrowing from non-feminist traditions of thought. It thus provides an exceptionally rich examination of contemporary legal and political feminist theory.

Author: Nancy J. Hirschmann
Publisher: Penn State Press
ISBN: 9780271061375
Category : Philosophy
Languages : en
Pages : 313

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Book Description
Feminist Interpretations of Thomas Hobbes features the work of feminist scholars who are centrally engaged with Hobbes’s ideas and texts and who view Hobbes as an important touchstone in modern political thought. Bringing together scholars from the disciplines of philosophy, history, political theory, and English literature who embrace diverse theoretical and philosophical approaches and a range of feminist perspectives, this interdisciplinary collection aims to appeal to an audience of Hobbes scholars and nonspecialists alike. As a theorist whose trademark is a compelling argument for absolute sovereignty, Hobbes may seem initially to have little to offer twenty-first-century feminist thought. Yet, as the contributors to this collection demonstrate, Hobbesian political thought provides fertile ground for feminist inquiry. Indeed, in engaging Hobbes, feminist theory engages with what is perhaps the clearest and most influential articulation of the foundational concepts and ideas associated with modernity: freedom, equality, human nature, authority, consent, coercion, political obligation, and citizenship. Aside from the editors, the contributors are Joanne Boucher, Karen Detlefsen, Karen Green, Wendy Gunther-Canada, Jane S. Jaquette, S. A. Lloyd, Su Fang Ng, Carole Pateman, Gordon Schochet, Quentin Skinner, and Susanne Sreedhar.

Author: Drucilla Cornell
Publisher:
ISBN: 9780415901062
Category : Social Science
Languages : en
Pages : 239

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Book Description
Charts a way to ethical feminism through an alliance with philosophical deconstruction. The author challenges the essentialist and naturalist accounts of feminine sexuality offered by feminist legal scholars and French feminists, which, she argues, curtail feminine sexual difference.

Author: Nicholas Bamforth
Publisher: Cambridge University Press
ISBN: 9780521173360
Category : Law
Languages : en
Pages : 0

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Book Description
Fundamentalist forms of religion today claim authority everywhere, including the debates over the politics and constitutional law of liberal democracies. This book examines this general question through its critical evaluation of a recent school of thought: that of the new natural lawyers. The new natural lawyers are the lawyers of the current Vatical hierarchy, polemically concerned to defend its retrograde views on matters of sexuality and gender in terms of arguments that, in fact, notably lack the philosophical rigor of the historical Thomism they claim to honor. The book critiques forms of fundamentalism and offers an original argument both for how they arose and why they are unreasonable in contemporary circumstances.

Author: Hilaire Barnett
Publisher: Routledge
ISBN: 1135350582
Category : Law
Languages : en
Pages : 364

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Book Description
This book provides a student text covering the major issues in feminist jurisprudence and to analyse the manner in which both traditional jurisprudence and law have remained a masculine subject.

Author: Martha C. Nussbaum
Publisher: Oxford University Press
ISBN: 0199812047
Category : Law
Languages : en
Pages : 336

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Book Description
"Subversion and Sympathy : Gender, Law, and the British Novel brings new energy and perspective to the law-and-literature movement. Focusing on the position of women in British novels of the eighteenth and nineteenth centuries - a period during which literature played a creative role in legal reform - the book illustrates the many ways in which the investigation of legal matters sheds new light on major literary works. At the same time, it shows that attention to literary representations of legal issues illuminates developments in the law by bringing to life matters at stake in legal reforms. In fourteen essays, the volume spans a range of gender-related issues, including inheritance, money lending, illegitimacy, marriage, and rape. At the same time, it makes a methodological contribution, displaying (and discussing) a range of perspectives that exemplifies the breadth and range of this interdisciplinary area of scholarship, which links history, gender studies, philosophy, literary studies, and law. The volume seeks to reinvigorate the methodology of the law-and-literature movement by provoking a cross-disciplinary conversation among legal scholars, judges, literary scholars, and feminist philosophers. Participants include those already known for their work on law and literature but also, crucially, legal leading lights who have not previously written about literature. Subversion and Sympathy shows that the conversation between law and literature can enrich our understanding not just of the fields in question but also of the deeper human issues at the heart of a given period - and beyond"--Unedited summary from book jacket.