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| Author | : Janice Richardson |
| Publisher | : Routledge |
| Total Pages | : 250 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0415619203 |
Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law.
| Author | : Anne Bottomley |
| Publisher | : Routledge |
| Total Pages | : 604 |
| Release | : 1996-03-13 |
| Genre | : Law |
| ISBN | : 1135351554 |
First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
| Author | : Martha Chamallas |
| Publisher | : Cambridge University Press |
| Total Pages | : 459 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 1108484298 |
A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
| Author | : Martha Chamallas |
| Publisher | : Cambridge University Press |
| Total Pages | : 459 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 1108598447 |
By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.
| Author | : Martha Chamallas |
| Publisher | : |
| Total Pages | : 42 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
Tort law in the US has failed to provide adequate protection against gender-related harms that disproportionately affect women. Because of the imposition of doctrinal and other restrictions on recovery, there is no reliable means of tort compensation for victims of domestic violence, rape and sexual assault. Only a small number of intentional tort cases have been brought directly against offenders, mainly leaving the criminal law to deal the problem. Although more negligence suits have been brought against institutional defendants for failure to prevent sexual violence, the developing law has not yet had an appreciable effect on cases of domestic violence or acquaintance rape. In the realm of reproductive harms affecting pregnancy, childbirth, and fertility, tort protection has also been precarious, with claims of women and other plaintiffs relegated to the disfavored tort of negligent infliction of emotional distress. The chapter connects these recent developments to feminist theory.
| Author | : Martha Chamallas |
| Publisher | : NYU Press |
| Total Pages | : 240 |
| Release | : 2010-05-31 |
| Genre | : Law |
| ISBN | : 0814716768 |
""This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system.""--BOOK JACKET.
| Author | : Lois Bibbings |
| Publisher | : Routledge |
| Total Pages | : 554 |
| Release | : 2013-03-04 |
| Genre | : Law |
| ISBN | : 1135343713 |
Criminal law has traditionally been taught and analysed as if the gender of criminals and their victims is irrelevant. It has also been taught and analysed as if criminal law doctrine has no connection with questions of criminalisation,crime detection, decisions to charge and prosecute, lawyers trial tactics, decisions as to guilt and sentencing policy and practice, all of which are significantly affected by gender.This book seeks to fill these gaps by looking at the major areas in which gender affects the way that suspected criminals and their victims are treated by the criminal justice system. However, this book is not just a supplement to traditional criminal law discourse. It is a dangerous supplement, in that the focus on gender challenges laws claim to neutrality and even-handed justice.The essays in this book establish that, not only does the law frequently fail to offer women the sort of protection from male violence and sexual invasion that they need, but it continues to discriminate on grounds of gender. Even when discriminating in favour of women, it does so in ways that reinforce dangerous gender stereotypes. More specifically, both criminal law doctrine and criminal justice personnel apply and reinforce ideas, on the one hand, of female passivity, irrationality and proneness to illness, and, on the other, of natural male aggression - both physical and sexual.
| Author | : Janice Richardson |
| Publisher | : Routledge |
| Total Pages | : 250 |
| Release | : 2012-05-23 |
| Genre | : Law |
| ISBN | : 1136335358 |
Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..
| Author | : Linda Mulcahy |
| Publisher | : Routledge |
| Total Pages | : 193 |
| Release | : 2017-01-27 |
| Genre | : Law |
| ISBN | : 1135337136 |
The law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.
| Author | : Alison Diduck |
| Publisher | : Routledge |
| Total Pages | : 414 |
| Release | : 2007-03-12 |
| Genre | : Law |
| ISBN | : 1135309620 |
Examining specific areas of family law from a feminist perspective, this book assesses the impact that feminism has had upon family law. It is deliberately broad in scope, as it takes the view that family law cannot be defined in a traditional way. In addition to issues of long-standing concern for feminists, it explores issues of current legal and political preoccupation such as civil partnerships, home-sharing, reproductive technologies and new initiatives in regulating family practices through criminal law, including domestic violence and youth justice.
