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Author: Marc Stein Publisher: Univ of North Carolina Press ISBN: 9780807899373 Category : Law Languages : en Pages : 384
Book Description
Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality.
Author: Marc Stein Publisher: Univ of North Carolina Press ISBN: 9780807899373 Category : Law Languages : en Pages : 384
Book Description
Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality.
Author: Marc Stein Publisher: Univ of North Carolina Press ISBN: 0807834122 Category : Law Languages : en Pages : 382
Book Description
This is an impressive, important, and well-researched book on the Supreme Court's development and elaboration of the constitutional right to privacy. Marc Stein, who is a wonderful microhistorian, illuminates the underlying interpretive complexities of th
Author: Joan Hoff Publisher: NYU Press ISBN: 0814735096 Category : Health & Fitness Languages : en Pages : 580
Book Description
The legal status of women has changed more rapidly in the last 20 years than in the previous 200, Hoff argues, but these changes have become less important over time. The American power structure has relinquished rights to women and minorities only after these rights have been diminished by a white-male-dominated legal system. She calls for a reinterpretation of legal texts to create a feminist jurisprudence. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Catherine O. Jacquet Publisher: UNC Press Books ISBN: 1469653877 Category : History Languages : en Pages : 271
Book Description
From 1950 to 1980, activists in the black freedom and women's liberation movements mounted significant campaigns in response to the injustices of rape. These activists challenged the dominant legal and social discourses of the day and redefined the political agenda on sexual violence for over three decades. How activists framed sexual violence--as either racial injustice, gender injustice, or both--was based in their respective frameworks of oppression. The dominant discourse of the black freedom movement constructed rape primarily as the product of racism and white supremacy, whereas the dominant discourse of women's liberation constructed rape as the result of sexism and male supremacy. In The Injustices of Rape, Catherine O. Jacquet is the first to examine these two movement responses together, explaining when and why they were in conflict, when and why they converged, and how activists both upheld and challenged them. Throughout, she uses the history of antirape activism to reveal the difficulty of challenging deeply ingrained racist and sexist ideologies, the unevenness of reform, and the necessity of an intersectional analysis to combat social injustice.
Author: Clare Chambers Publisher: Penn State Press ISBN: 0271045949 Category : Social Science Languages : en Pages : 306
Book Description
Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality&—cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.
Author: Anne-Marie Mooney Cotter Publisher: Routledge ISBN: 1351934635 Category : Law Languages : en Pages : 312
Book Description
Gender equality and the importance of the law in combating discrimination are issues explored by this insightful work. Gender Injustice allows readers a better understanding of the issue of inequality and aims to increase the likelihood of achieving gender justice in the future. It investigates equality in employment for men and women in terms of the law, at both national and international levels, and looks at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in an historical and compelling analysis of women and equality. By providing a detailed examination of the relationship between gender and the law, the book will be an important read for those concerned with equal pay and equal access to employment.
Author: Reiko Gotoh Publisher: Cambridge University Press ISBN: 1139483668 Category : Business & Economics Languages : en Pages :
Book Description
Traditional theories of justice as formulated by political philosophers, jurists and economists have all tended to see injustice as simply a breach of justice, a breakdown of the normal order. Amartya Sen's work acts as a corrective to this tradition by arguing that we can recognise patent injustices, and come to a reasoned agreement about the need to remedy them, without reference to an explicit theory of justice. Against Injustice brings together distinguished academics from a variety of different fields - including economics, law, philosophy and anthropology - to explore the ideas underlying Sen's critique of traditional approaches to injustice. The centrepiece of the book is the first chapter by Sen in which he outlines his conception of the relationship between economics, ethics and law. The rest of the book addresses a variety of theoretical and empirical issues that relate to this conception, concluding with a response from Sen to his critics.
Author: Austin Sarat Publisher: University of Michigan Press ISBN: 0472023683 Category : Law Languages : en Pages : 182
Book Description
Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Author: Amy L. Casselman Publisher: Critical Indigenous and American Indian Studies ISBN: 9781433198427 Category : Criminal jurisdiction Languages : en Pages : 0
Book Description
Injustice in Indian Country tells the story of American colonization through the eyes of Native women as they fight for justice. In doing so, it makes critical contributions to the fields of American law and policy, social justice and activism, women's studies, ethnic studies, American Indian studies, and sociology.
Author: Judith Levine Publisher: Verso Books ISBN: 178873341X Category : Social Science Languages : en Pages : 225
Book Description
In the era of #MeToo and mass incarceration, The Feminist and the Sex Offender makes a powerful feminist case for accountability without punishment and sexual safety and pleasure without injustice. With analytical clarity and narrative force, The Feminist and the Sex Offender contends with two problems that are typically siloed in the era of #MeToo and mass incarceration: sexual and gender violence, on the one hand, and the state’s unjust, ineffective, and soul-destroying response to it on the other. Is it possible to confront the culture of abuse? Is it possible to hold harm-doers accountable without recourse to a criminal justice system that redoubles injuries, fails survivors, and retrenches the conditions that made such abuse possible? Drawing on interviews, extensive research, reportage, and history, The Feminist and the Sex Offender develops an intersectional feminist approach to ending sexual violence. It maps with considerable detail the unjust sex offender regime while highlighting the alternatives we urgently need.
Author: Marc Stein
Author: Marc Stein
Author: Marc Stein
Author: Joan Hoff
Author: Catherine O. Jacquet
Author: Clare Chambers
Author: Anne-Marie Mooney Cotter
Author: Reiko Gotoh
Author: Austin Sarat
Author: Amy L. Casselman
Author: Judith Levine