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Gender in Philosophy and Law

Gender in Philosophy and Law
Author: Laura Palazzani
Publisher: Springer Science & Business Media
Total Pages: 126
Release: 2012-08-18
Genre: Law
ISBN: 9400749910

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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. ​


Feminist Encounters with Legal Philosophy

Feminist Encounters with Legal Philosophy
Author: Maria Drakopoulou
Publisher: Routledge
Total Pages: 230
Release: 2013-12-17
Genre: Law
ISBN: 1135144796

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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.


International Women’s Rights Law and Gender Equality

International Women’s Rights Law and Gender Equality
Author: Ramona Vijeyarasa
Publisher: Routledge
Total Pages: 172
Release: 2021-07-22
Genre: Political Science
ISBN: 1000401774

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The law is a well-known tool in fighting gender inequality, but which laws actually advance women’s rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world’s leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law’s potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective – gender-based violence, women’s reproductive health, labour and gender equality quotas – while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women’s rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women’s rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.


Feminist Perspectives on Law and Theory

Feminist Perspectives on Law and Theory
Author: Janice Richardson
Publisher: Routledge
Total Pages: 459
Release: 2013-03-04
Genre: Law
ISBN: 1135343578

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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.


Plato on Women

Plato on Women
Author: Harald Haarmann
Publisher:
Total Pages: 294
Release: 2016-03
Genre: Literary Criticism
ISBN: 9781604979183

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Plato (ca. 427- ca. 347 BCE), the preeminent Greek philosopher, has been extensively studied. A major field of Plato's comprehensive work is his political philosophy, which is multifaceted and multidimensional. The discourse on gender issues forms an integral part of it. In this context, one is surprised to notice that Plato's elaborations have been interpreted in quite contrasting ways. In some feminist discussions of classical philosophy, Plato's intellectual enterprise is evaluated as reflecting Greek male chauvinism. Such identification carries all manner of stereotyping, and this is neither enlightening nor helpful for an overall understanding of Plato's teachings and his world of ideas. In the scholarly literature, one can make the surprising discovery that Plato's contribution to the understanding of gender roles in society slips the attention of authors who specialize in this topic. Plato was neither feminist in the modern sense nor a sexist. Plato was not a liberal thinker, and he did not take the initiative to make a case for women's liberties. And yet, he elaborates amply on issues of what is subsumed under women's liberation in our time: What else would we call a philosopher who, under the conditions of Greek society in the classical age, advocated for the participation of women in sports competitions and approved of the access of women to public offices, even to political leadership? In this study, priority lies in reconstructing Plato's ideas on women's roles viewed against the zeitgeist of gender issues in Greek society of classical antiquity. The analysis shows that Plato's speculations about gender and gender issues in an ideal society were nothing short of revolutionary. Plato on Women is a major contribution to political philosophy and gender studies as well as an important book for collections of Plato's works and scholarly literature focusing on this philosopher.


Gender and the Law of the Sea

Gender and the Law of the Sea
Author: Irini Papanicolopulu
Publisher: BRILL
Total Pages: 388
Release: 2019-05-07
Genre: Law
ISBN: 9004375171

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Gender and the Law of the Sea successfully establishes the relevance of gender at sea and posits that feminist perspectives can help develop a more inclusive law for the oceans.


Visible Women

Visible Women
Author: Susan James
Publisher: Hart Publishing
Total Pages: 215
Release: 2002-02
Genre: Law
ISBN: 1841131954

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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.


The Rights of Women

The Rights of Women
Author: Erika Bachiochi
Publisher: University of Notre Dame Pess
Total Pages: 475
Release: 2021-07-15
Genre: History
ISBN: 0268200807

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Erika Bachiochi offers an original look at the development of feminism in the United States, advancing a vision of rights that rests upon our responsibilities to others. In The Rights of Women, Erika Bachiochi explores the development of feminist thought in the United States. Inspired by the writings of Mary Wollstonecraft, Bachiochi presents the intellectual history of a lost vision of women’s rights, seamlessly weaving philosophical insight, biographical portraits, and constitutional law to showcase the once predominant view that our rights properly rest upon our concrete responsibilities to God, self, family, and community. Bachiochi proposes a philosophical and legal framework for rights that builds on the communitarian tradition of feminist thought as seen in the work of Elizabeth Fox-Genovese and Jean Bethke Elshtain. Drawing on the insight of prominent figures such as Sarah Grimké, Frances Willard, Florence Kelley, Betty Friedan, Pauli Murray, Ruth Bader Ginsburg, and Mary Ann Glendon, this book is unique in its treatment of the moral roots of women’s rights in America and its critique of the movement’s current trajectory. The Rights of Women provides a synthesis of ancient wisdom and modern political insight that locates the family’s vital work at the very center of personal and political self-government. Bachiochi demonstrates that when rights are properly understood as a civil and political apparatus born of the natural duties we owe to one another, they make more visible our personal responsibilities and more viable our common life together. This smart and sophisticated application of Wollstonecraft’s thought will serve as a guide for how we might better value the culturally essential work of the home and thereby promote authentic personal and political freedom. The Rights of Women will interest students and scholars of political theory, gender and women’s studies, constitutional law, and all readers interested in women’s rights.


Selves, Persons, Individuals

Selves, Persons, Individuals
Author: Janice Richardson
Publisher: Routledge
Total Pages: 173
Release: 2017-03-02
Genre: Political Science
ISBN: 1351901184

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Whilst feminist philosophy has frequently engaged with political theory, this original book instead considers legal theory and the practical operation of law. The work considers some of the contested meanings of what it is to be a self, a person or an individual in relation to the law of obligations. The discussion still impacts upon political theory as it concerns the way in which the question of what it is to be a woman has been defined within recent feminist theory. In order to overcome what appears to be a block in feminist legal theory, the book draws together areas of philosophy which are not normally considered within feminist or legal theory.


Date Rape

Date Rape
Author: Leslie Francis
Publisher: Penn State Press
Total Pages: 212
Release: 2010-11-01
Genre: Social Science
ISBN: 9780271038162

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'Date Rape is a remarkable contribution to the field of feminist thought. For anyone who wishes to better understand why date rape IS rape, this book is a necessary read. I am convinced that Date Rape will enable all of my students to better distinguish between each other's 'maybes', 'yeses, ' and 'nos.'