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Author: Gabriele Carapezza Figlia Publisher: Springer Nature ISBN: 3031140923 Category : Law Languages : en Pages : 257
Book Description
This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
Author: Gabriele Carapezza Figlia Publisher: Springer Nature ISBN: 3031140923 Category : Law Languages : en Pages : 257
Book Description
This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
Author: Sara L. Kimble Publisher: Routledge ISBN: 1317577167 Category : History Languages : en Pages : 452
Book Description
This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.
Author: Ivana Krstić Publisher: ISBN: 9783031134609 Category : Languages : en Pages : 0
Book Description
This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU's external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women's participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
Author: Kim Rubenstein Publisher: Cambridge University Press ISBN: 1316546306 Category : Law Languages : en Pages : 629
Book Description
With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.
Author: Rachel Sieder Publisher: Routledge ISBN: 1136191569 Category : Law Languages : en Pages : 260
Book Description
Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.
Author: Rosemary Auchmuty Publisher: Bloomsbury Publishing ISBN: 1509958630 Category : Law Languages : en Pages : 387
Book Description
The first textbook to consider gender perspectives in relation to the whole undergraduate law curriculum in England and Wales. Gender is of central importance in every area of law and every area of people's lives but is rarely mentioned in the formal LLB syllabus; this book is designed to fill some of those gaps. 18 chapters, written by experts in the field, cover all the core modules on the English LLB together with 11 of the most popular options. Aimed at students and lecturers on undergraduate and postgraduate Gender and Law modules, the book will also be useful for all LLB and LLM students studying English law, who may use it to accompany their studies from their first to their final year, and also for prospective law students, legal scholars from outside England and Wales, and scholars in other disciplines.
Author: Katherine Bartlett Publisher: Routledge ISBN: 0429980116 Category : Social Science Languages : en Pages : 724
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: Katharine T. Bartlett Publisher: Aspen Publishing ISBN: Category : Law Languages : en Pages : 1150
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Gender and Law: Theory, Doctrine, Commentary, Ninth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion, and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. Highlights of the 9th Edition: This edition is both faithful to its original design—teaching through theoretical frameworks rather than by subject area—and cutting edge. The authors have spared no detail in covering the latest developments in this fast-changing field of study while tying them together into a cohesive whole. Dobbs v. Jackson Women’s Health Organization, a restructuring of the materials on reproductive rights, and greater attention to the reproductive justice movement and the intersectional issues raised by every issue involving reproductive health. Updated and more sustained attention to gender identity and nonbinary identities, including Bostock v. Clayton County, new material on transgender athlete bans, and a new section on sex-segregation and sex-differentiation within coed spaces (including Peltier v. Charter Day School, Inc. on sex-specific dress codes). Materials raising questions and critique about the intersection of race and gender, including historical materials that highlight the relationship between women’s suffrage advocates and abolitionists and excerpts from newer scholars. Coverage of the impact of the Covid-19 crisis and its exacerbation of gender issues at work and in the home. Updated equal pay materials, revised to highlight new developments in Equal Pay Act litigation, including Rizo v. Yovino on the use of prior salary as a “factor other than sex.” Revised materials on the criminal law of rape that include material from the proposed amendment to the Model Penal Code as well as coverage of the racial stereotypes sometimes reflected in the wrongful accusation and conviction of Black men. Professors and students will benefit from: Dozens of new Putting Theory into Practice problems An updated teacher’s manual with audio and video clips from films, documentaries, news programs, and television and radio series on the book’s main substantive topics. For new teachers, the teacher’s manual is an essential resource; for more experienced teachers, the book is structured in a way that gives them lots of options for how and what to cover in the course depending on the number of credit hours and the professor’s own sense of what should be taught
Author: Dragica Vujadinović Publisher: Springer Nature ISBN: 3031143604 Category : Law Languages : en Pages : 713
Book Description
Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.
Author: Gabriele Carapezza Figlia
Author: Gabriele Carapezza Figlia
Author: Sara L. Kimble
Author: Ivana Krstić
Author: Kim Rubenstein
Author: Rachel Sieder
Author: Rosemary Auchmuty
Author: Katherine Bartlett
Author: Katharine T. Bartlett
Author: Lois Bibbings
Author: Dragica Vujadinović