Download or read book Feminist Judgments Rewritten Tort Opinions written by Martha Chamallas and published by Cambridge University Press. This book was released on 2020-12-10 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
Download or read book Feminist Judgments written by Rosemary Hunter and published by Bloomsbury Publishing. This book was released on 2010-09-30 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
Download or read book Feminist Judgments Rewritten Property Opinions written by Eloisa C. Rodriguez-Dod and published by Cambridge University Press. This book was released on 2021-10-28 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
Download or read book Feminist Judgments Reproductive Justice Rewritten written by Kimberly Mutcherson and published by Cambridge University Press. This book was released on 2020-04-16 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.
Download or read book Feminist Judgments Family Law Opinions Rewritten written by Rachel Rebouché and published by Cambridge University Press. This book was released on 2020-06-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.
Download or read book Feminist Judgments in International Law written by Loveday Hodson and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.
Download or read book Australian Feminist Judgments written by Heather Douglas and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
Download or read book Northern Irish Feminist Judgments written by Máiréad Enright and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast
Download or read book Intersectionality in the Human Rights Legal Framework on Violence against Women written by Lorena Sosa and published by Cambridge University Press. This book was released on 2017-10-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theoretically explores intersectionality within human rights norms on violence against women and the derived duties for States.
Download or read book An Introduction to Feminist Philosophy written by Alison Stone and published by Polity. This book was released on 2007-12-17 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to offer a systematic account of feminist philosophy as a distinctive field of philosophy. The book introduces key issues and debates in feminist philosophy including: the nature of sex, gender, and the body; the relation between gender, sexuality, and sexual difference; whether there is anything that all women have in common; and the nature of birth and its centrality to human existence. An Introduction to Feminist Philosophy shows how feminist thinking on these and related topics has developed since the 1960s. The book also explains how feminist philosophy relates to the many forms of feminist politics. The book provides clear, succinct and readable accounts of key feminist thinkers including de Beauvoir, Butler, Gilligan, Irigaray, and MacKinnon. The book also introduces other thinkers who have influenced feminist philosophy including Arendt, Foucault, Freud, and Lacan. Accessible in approach, this book is ideal for students and researchers interested in feminist philosophy, feminist theory, women's studies, and political theory. It will also appeal to the general reader.
Download or read book Scottish Feminist Judgments written by Sharon Cowan and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book re-writes 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing the power, politics and partiality reflected in the initial judgment, our feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. It will be of interest to academics, practitioners and students of Scots law, and policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal"--
Download or read book Feminist Judgments of Aotearoa New Zealand written by Elisabeth McDonald and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal
Download or read book Feminism A Very Short Introduction written by Margaret Walters and published by Oxford University Press, USA. This book was released on 2005-10-27 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an historical account of feminism, exploring its earliest roots and key issues such as voting rights and the liberation of the sixties. Margaret Walters brings the subject completely up to date by providing a global analysis of the situation of women, from Europe and the United States to Third World countries.
Download or read book Applications of Feminist Legal Theory to Women s Lives written by D. Kelly Weisberg and published by Temple University Press. This book was released on 2009 with total page 1206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the second of two volumes, examines the pressing issues that affect women--pornography, prostitution, battery, rape, pay equity, sexual harassment, motherhood, abortion, adoption, new reproductive technologies--and considers them through the lens of feminist legal theory. It features more than sixty articles by well-known legal scholars and feminists. The contributions are arranged thematically and include an introduction and comprehensive literature review by the editor. Applications of Feminist Legal Theory to Women's Lives will be a valuable text for students, a resource for scholars and policy makers, and a useful introduction for general readers.
Download or read book Feminism and the Abyss of Freedom written by Linda M. G. Zerilli and published by University of Chicago Press. This book was released on 2020-11-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In contemporary feminist theory, the problem of feminine subjectivity persistently appears and reappears as the site that grounds all discussion of feminism. In Feminism and the Abyss of Freedom, Linda M. G. Zerilli argues that the persistence of this subject-centered frame severely limits feminists' capacity to think imaginatively about the central problem of feminist theory and practice: a politics concerned with freedom. Offering both a discussion of feminism in its postmodern context and a critique of contemporary theory, Zerilli here challenges feminists to move away from a theory-based approach, which focuses on securing or contesting "women" as an analytic category of feminism, to one rooted in political action and judgment. She revisits the democratic problem of exclusion from participation in common affairs and elaborates a freedom-centered feminism as the political practice of beginning anew, world-building, and judging. In a series of case studies, Zerilli draws on the political thought of Hannah Arendt to articulate a nonsovereign conception of political freedom and to explore a variety of feminist understandings of freedom in the twentieth century, including ones proposed by Judith Butler, Monique Wittig, and the Milan Women's Bookstore Collective. In so doing, Zerilli hopes to retrieve what Arendt called feminism's lost treasure: the original and radical claim to political freedom.
Download or read book Feminist Accused of Sexual Harassment written by Jane Gallop and published by Duke University Press. This book was released on 1997 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual harassment is an issue in which feminists are usually thought to be on the plaintiff's side. But in 1993--amid considerable attention from the national academic community--Jane Gallop, a prominent feminist professor of literature, was accused of sexual harassment by two of her women graduate students. In Feminist Accused of Sexual Harassment, Gallop tells the story of how and why she was charged with sexual harassment and what resulted from the accusations. Weaving together memoir and theoretical reflections, Gallop uses her dramatic personal experience to offer a vivid analysis of current trends in sexual harassment policy and to pose difficult questions regarding teaching and sex, feminism and knowledge. Comparing "still new" feminism--as she first encountered it in the early 1970s--with the more established academic discipline that women's studies has become, Gallop makes a case for the intertwining of learning and pleasure. Refusing to acquiesce to an imperative of silence that surrounds such issues, Gallop acknowledges--and describes--her experiences with the eroticism of learning and teaching. She argues that antiharassment activism has turned away from the feminism that created it and suggests that accusations of harassment are taking aim at the inherent sexuality of professional and pedagogic activity rather than indicting discrimination based on gender--that antiharassment has been transformed into a sensationalist campaign against sexuality itself. Feminist Accused of Sexual Harassment offers a direct and challenging perspective on the complex and charged issues surrounding the intersection of politics, sexuality, feminism, and power. Gallop's story and her characteristically bold way of telling it will be compelling reading for anyone interested in these issues and particularly to anyone interested in the ways they pertain to the university.
Download or read book Why Stories Matter written by Clare Hemmings and published by Duke University Press. This book was released on 2011-01-18 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful critique of the stories that feminists tell about the past four decades of Western feminist theory.
