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Law, Selfhood and Feminist Philosophy

Law, Selfhood and Feminist Philosophy
Author: Janice Richardson
Publisher: Taylor & Francis
Total Pages: 231
Release: 2023-08-22
Genre: Law
ISBN: 1000921557

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At the intersection of law, feminism and philosophy, this book analyses the ways in which certain bodies and ‘selves’ continue to be treated as monstrous aberrations from the ‘ideal’ figure or norm. Employing contemporary feminist philosophy to rethink accepted legal ideas, the book is divided into three sections. The first focuses on the different relational ontologies of philosophers Adriana Cavarero and Christine Battersby – also considering their work via a third term: Spinoza. The second turns to diverse feminist engagements with the social contract theorists. The third section employs insights from throughout the book to focus more explicitly on law – and, in particular privacy law and the so-called ‘wrongful birth’ cases. Bringing together more than twenty years of sustained reflection, this book offers an insightful account of how contemporary feminist philosophy can contribute to a richer understanding of law. It will be of enormous interest to scholars and students working in the areas of legal theory, feminist thought and philosophy.


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.


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.


Law and the Philosophy of Privacy

Law and the Philosophy of Privacy
Author: Janice Richardson
Publisher: Routledge
Total Pages: 254
Release: 2015-08-20
Genre: Law
ISBN: 1134097581

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Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture, society and communication. Privacy theory’s debt to Locke, Kant or Mill, and what is at stake in their conceptual frameworks, is examined. The extent to which the term "privacy" has been used to the detriment of - and to create - weaker parties in marriage, in the workplace and now as citizens (or non-citizens) and consumers, as well as employees, is also demonstrated. In contrast, Janice Richardson pursues the relevance of Floridi’s philosophy of information, before turning to her application of Spinoza, the philosopher of communication, in order to outline a more useful framework through which to think about privacy today. The book will be of interest to those working in political philosophy, feminist philosophy, law, the philosophy of information, sociology, media, and cultural studies.


Choice and Consent

Choice and Consent
Author: Rosemary Hunter
Publisher: Routledge
Total Pages: 345
Release: 2007-12-04
Genre: Law
ISBN: 1135331189

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This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.


Ethics Embodied

Ethics Embodied
Author: Erin McCarthy
Publisher: Lexington Books
Total Pages: 136
Release: 2010-07-17
Genre: Philosophy
ISBN: 0739147862

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While the body has been largely neglected in much of traditional Western philosophy, there is a rich tradition of Japanese philosophy in which this is not the case. Ethics Embodied explains how Japanese philosophy includes the body as an integral part of selfhood and ethics and shows how it provides an alternative and challenge to the traditional Western philosophical view of self and ethics. Through a comparative feminist approach, the book articulates the striking similarities that exist between certain strands of Japanese philosophy and feminist philosophy concerning selfhood, ethics and the body. Despite the similarities, McCarthy argues that there are significant differences between these philosophies and that each reveals important limitations of the other. Thus, the book urges a view of ethical embodied selfhood that goes beyond where each of these views leaves us when considered in isolation. With keen analysis and constructive comparison, this book will be accessible for students and scholars familiar with the Western philosophical tradition, while still adding a more global perspective.


Law, Morality and Justice

Law, Morality and Justice
Author: Ruby Woodward
Publisher:
Total Pages: 216
Release: 1991
Genre: Feminism
ISBN:

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Feminist Legal Theory

Feminist Legal Theory
Author: Katherine Bartlett
Publisher: Routledge
Total Pages: 785
Release: 2018-02-19
Genre: Social Science
ISBN: 0429980116

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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.


Immovable Laws, Irresistible Rights

Immovable Laws, Irresistible Rights
Author: Christine Pierce
Publisher:
Total Pages: 192
Release: 2000
Genre: Law
ISBN:

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Same-sex partnerships. Pregnancy through in vitro fertilization. Ending one's own life in dignity. All are deemed inherently wrong by the standards of natural law ethics, but for many people they represent legitimate life choices that are morally right. Now a leading feminist critic of the natural law tradition explores the ongoing confrontation between natural law and moral rights to argue that rights constitute a more solid grounding for ethics in human affairs—and for feminist thought. In this volume, Christine Pierce's important essays—including the celebrated "Natural Law Language and Women"—expand, reflect, and refine this central controversy. Reaching back to Aristotle and Aquinas and drawing on modern papal encyclicals and Supreme Court cases, Pierce demonstrates that the natural law tradition, with its doctrine of a supposed hierarchy of natural purpose, has served to mystify women's nature and thereby justify restricting women to a predetermined social stratum. Addressing issues that concern not only feminism but legal theory as well, she defends her views on equality and universalization against a growing postmodern critique and presents rights theory as an alternative to an ethics of responsibility based on Aristotelian notions of friendship and trust. Through tightly constructed arguments presented in engaging prose, Pierce conveys her deep knowledge of legal philosophy and her passion for rights as she takes on such issues as AIDS, gay marriage, animal liberation, and feminist separatism. She combats the prevailing view of Plato as sexist and explores Sartre's views of "holes and slime." She also examines the work of contemporary authors in ecology, biology, sociobiology, and religion to reveal their reliance on nature for ethical conclusions, and she criticizes recent efforts to root a feminist natural law in Thomism. With natural law concepts now in fashion with many conservatives and even some Supreme Court justices, Pierce's essays offer a necessary perspective on where current legal and ethical thinking is headed. Immovable Laws, Irresistible Rights is invigorating reading for all scholars, students, and interested readers who seek a better understanding of these arguments and the issues affected by them.