Author: Carol Smart
Release Date: 2002-01-08
Genre: Social Science
In this now established text the author presents her analysis of the power of law and argues for a feminist post-structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.
Author: Adrian Howe
Release Date: 2018-08-17
Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart’s innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women’s experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart’s own focal concerns, this book both honours and extends Smart’s work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law’s power to disqualify women’s experiences of violence while privileging men’s feelings and rights.
Author: Carol Smart
Release Date: 1995-01-18
Genre: Feminism theory
Law, crime, and sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives.
This collection addresses the present and the future of the concept of intersectionality within socio-legal studies. Intersectionality provides a metaphorical schema for understanding the interaction of different forms of disadvantage, including race, sexuality, and gender. But it also goes further to provide a particular model of how these aspects of social identity and location converge – whether at the level of subjectivity, everyday life, in culture or in the institutional practices of state and other bodies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory, and cultural studies.
This book offers a critical re-appraisal of contemporary feminist legal and political theory. It re-visits key feminist debates over the origins of patriarchy, as well as over the role of liberalism and the rule of law in its creation and perpetuation.
Author: Vanessa E. Munro
Release Date: 2016-04-01
As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.
Author: Derek Morgan
Release Date: 2012-12-06
Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers". Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.
Author: Virginia Held
Publisher: Oxford University Press
Release Date: 2005-11-24
Virginia Held assesses the ethics of care as a promising alternative to the familiar moral theories that serve so inadequately to guide our lives. The ethics of care is only a few decades old, yet it is by now a distinct moral theory or normative approach to the problems we face. It is relevant to global and political matters as well as to the personal relations that can most clearly exemplify care. This book clarifies just what the ethics of care is: what its characteristics are, what it holds, and what it enables us to do. It discusses the feminist roots of this moral approach and why the ethics of care can be a morality with universal appeal. Held examines what we mean by "care," and what a caring person is like. Where other moral theories demand impartiality above all, the ethics of care understands the moral import of our ties to our families and groups. It evaluates such ties, focusing on caring relations rather than simply on the virtues of individuals. The book proposes how such values as justice, equality, and individual rights can "fit together" with such values as care, trust, mutual consideration, and solidarity. In the second part of the book, Held examines the potential of the ethics of care for dealing with social issues. She shows how the ethics of care is more promising than Kantian moral theory and utilitarianism for advice on how expansive, or not, markets should be, and on when other values than market ones should prevail. She connects the ethics of care with the rising interest in civil society, and considers the limits appropriate for the language of rights. Finally, she shows the promise of the ethics of care for dealing with global problems and seeing anew the outlines of international civility.
Author: Martha Fineman
Publisher: Cornell University Press
Release Date: 2005
Genre: Business & Economics
"The essays in this volume confront the inroads that economics has made into the legal academy. . . . Law and Economics uses principles of neoclassical economics to develop laws and social policies that maintain if not bolster current allocations of power."—from the IntroductionThe Law and Economics school has had a significant impact on the legal and governmental landscape in the United States. It posits a perfectly rational "economic man"—homo economicus—who is unconstrained by familial and communal ties and who can and should make decisions solely in light of considerations of economic value. Feminism Confronts Homo Economicus offers a major intervention in debates about how law has come under the influence of economic principles. Drawing on the latest thinking in the fields of feminist legal theory, critical legal studies, and feminist economics, the essays critique the notion that legal and policy decisions should be made solely through the lens of economics. While the contributors question the wholesale incorporation of the neoclassical economic model into legal analysis, they do not all discard economic analysis and theory.Situated at the intersection of feminism, law, and economics, Feminism Confronts Homo Economicus will appeal to scholars and students of these disciplines as well as policy analysts and social theorists interested in family, education, labor, and welfare.
For a full list of entries and contributors, sample entries, and more, visit the Routledge International Encyclopedia of Women website. Featuring comprehensive global coverage of women's issues and concerns, from violence and sexuality to feminist theory, the Routledge International Encyclopedia of Women brings the field into the new millennium. In over 900 signed A-Z entries from US and Europe, Asia, the Americas, Oceania, and the Middle East, the women who pioneered the field from its inception collaborate with the new scholars who are shaping the future of women's studies to create the new standard work for anyone who needs information on women-related subjects.
Feminists have recently begun to challenge the powerful influence of the law on the social and cultural construction of women’s roles, identities, and rights. At the Boundaries of Law is a timely and path-breaking work that provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women’s lives. Together the essays examine the fertile – and radically revisionary – links between feminism and legal theory. But At the Boundaries of Law rejects the abstract ‘grand theorizing’ of traditional feminist legal theory, focusing instead on the concrete and material implications of the legal injustices endured by women. These essays emphasise the complex diversity of female experience, collectively arguing for legal theory and practice that both recognises and accommodates the concept of ‘difference’ – in gender, class, race and sexual orientation. At the Boundaries of Law also raises provocative questions about the methodology and future of feminist legal theory itself. In its rich variety of issues and approaches, this volume will command the interest not only of legal theorists, but of those interested in women’s studies, philosophy, politics, sociology and history. It is sure to set the future agenda for scholars, policymakers and anyone concerned with the role of law in society.