Law Gender and Injustice

Author: Joan Hoff
Publisher: NYU Press
ISBN: 9780814744864
Release Date: 1994-04-01
Genre: Law

In this widely acclaimed landmark study, Joan Hoff illustrates how women remain second- class citizens under the current legal system and questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America as they prepare for the twenty-first century. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.

Gender Injustice

Author: Anne-Marie Mooney Cotter
Publisher: Routledge
ISBN: 9781351934633
Release Date: 2017-03-02
Genre: Law

Gender equality and the importance of the law in combating discrimination are issues explored by this insightful work. Gender Injustice allows readers a better understanding of the issue of inequality and aims to increase the likelihood of achieving gender justice in the future. It investigates equality in employment for men and women in terms of the law, at both national and international levels, and looks at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in an historical and compelling analysis of women and equality. By providing a detailed examination of the relationship between gender and the law, the book will be an important read for those concerned with equal pay and equal access to employment.

The Beauty Bias

Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 9780199706730
Release Date: 2010-05-06
Genre: Law

"It hurts to be beautiful" has been a cliche for centuries. What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands. Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearance important to their self image and over a third rank it as the most important factor. Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, and related difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short. The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises merit principles, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and a compelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce the price of their pursuit.

Gender Justice in Islamic Law

Author: Musa Usman Abubakar
Publisher: Bloomsbury Publishing
ISBN: 9781509915088
Release Date: 2018-06-14
Genre: Law

This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 9780199913039
Release Date: 2012-02-01
Genre: History

The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Justice and Injustice in Law and Legal Theory

Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 0472023683
Release Date: 2009-11-11
Genre: Law

Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

Rights Not Roses

Author: Dennis Arthur Deslippe
Publisher: University of Illinois Press
ISBN: 0252068343
Release Date: 2000
Genre: Law

This book explores how unionized wage-earning women led the struggle to place women's employment rights on the national agenda, decisively influencing the contemporary labor movement and second-wave feminism.

Suffragists in an Imperial Age

Author: Allison L. Sneider
Publisher: Oxford University Press
ISBN: 9780199886517
Release Date: 2008-02-04
Genre: Social Science

In 1899, Carrie Chapman Catt, who succeeded Susan B. Anthony as head of the National American Women Suffrage Association, argued that it was the "duty" of U.S. women to help lift the inhabitants of its new island possessions up from "barbarism" to "civilization," a project that would presumably demonstrate the capacity of U.S. women for full citizenship and political rights. Catt, like many suffragists in her day, was well-versed in the language of empire, and infused the cause of suffrage with imperialist zeal in public debate. Unlike their predecessors, who were working for votes for women within the context of slavery and abolition, the next generation of suffragists argued their case against the backdrop of the U.S. expansionism into Indian and Mormon territory at home as well as overseas in the Philippines, Puerto Rico, and Hawaii. In this book, Allison L. Sneider carefully examines these simultaneous political movements--woman suffrage and American imperialism--as inextricably intertwined phenomena, instructively complicating the histories of both.

Democracy and Social Injustice

Author: Thomas W. Simon
Publisher: Rowman & Littlefield
ISBN: 0847679381
Release Date: 1995
Genre: Philosophy

In this truly interdisciplinary study that reflects the author's work in philosophy, political science, law, and policy studies, Thomas W. Simon argues that democratic theory must address the social injustices inflicted upon disadvantaged groups. By shifting theoretical sights from justice to injustice, Simon recasts the nature of democracy and provides a new perspective on social problems. He examines the causes and effects of injustice, victims' responses to injustice, and historical theories of disadvantage, revealing that those theories have important repercussions for contemporary policy debates. Finally, Simon considers which institutions and practices come within the grasp of democracy and discusses the concept of a 'Negative Utopia, ' or a future without injustice.

In Defense of Tort Law

Author: Thomas Koenig
Publisher: NYU Press
ISBN: 9780814747582
Release Date: 2003-10-01
Genre: Law

A people's writings can play a dramatic role in nation building, as the development of modern Hebrew literature powerfully illustrates. Since the end of the nineteenth century, Hebrew writers in Europe and Palestine/Israel have produced texts and consolidated moments in the shaping of national identity. Yet, this process has not always been a unified and continuous one. The processes of canon formation and the suppression of heterodox discourses have been played out publicly and vociferously. Producing the Modern Hebrew Canon offers a sweeping view of the entirety of modern Hebrew literature, from Berdichevski and Agnon to Shammas and Habiby, shedding light on the moments of rupture and reversal which have undermined efforts to construct a hegemonic Zionist narrative. It provides a model for understanding the relations between minority and majority voices in postcolonial situations, showing these processes working and changing over time, from the earliest days of the creation of a labor Zionist sensibility for literature to Israeli state culture and the discourses of Arab otherness. By illuminating both the process of canon formation as well as the voices excluded from the canon, Producing the Modern Hebrew Canon offers a powerful alternative reading of twentieth century Hebrew fiction.

Indigenous Women s Writing and the Cultural Study of Law

Author: Cheryl Suzack
Publisher: University of Toronto Press
ISBN: 9781442628588
Release Date: 2017
Genre: American literature

Cover -- Copyright -- Contents -- Acknowledgments -- Introduction: Indigenous Women's Writing, Storytelling, and Law -- Chapter One: Gendering the Politics of Tribal Sovereignty: Santa Clara Pueblo v. Martinez (1978) and Ceremony (1977) -- Chapter Two: The Legal Silencing of Indigenous Women: Racine v. Woods (1983) and In Search of April Raintree (1983) -- Chapter Three: Colonial Governmentality and GenderViolence: State of Minnesota v. Zay Zah (1977) and The Antelope Wife (1998) -- Chapter Four: Land Claims, Identity Claims: Manypenny v. United States (1991) and Last Standing Woman (1997) -- Conclusion: For an Indigenous-Feminist Literary Criticism -- Notes -- Works Cited -- Index

Gender Law and Justice in a Global Market

Author: Ann Stewart
Publisher: Cambridge University Press
ISBN: 9781139500364
Release Date: 2011-08-25
Genre: Political Science

Theories of gender justice in the twenty-first century must engage with global economic and social processes. Using concepts from economic analysis associated with global commodity chains and feminist ethics of care, Ann Stewart considers the way in which 'gender contracts' relating to work and care contribute to gender inequalities worldwide. She explores how economies in the global north stimulate desires and create deficits in care and belonging which are met through transnational movements and traces the way in which transnational economic processes, discourses of rights and care create relationships between global south and north. African women produce fruit and flowers for European consumption; body workers migrate to meet deficits in 'affect' through provision of care and sex; British-Asian families seek belonging through transnational marriages.

A Law of Her Own

Author: Caroline Forell
Publisher: NYU Press
ISBN: 9780814729076
Release Date: 2001-05-01
Genre: Social Science

Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women. In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination. A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death. Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

Sex and Sexuality in Early America

Author: Merril D. Smith
Publisher: NYU Press
ISBN: 9780814729366
Release Date: 1998-09-01
Genre: Social Science

What role did sexual assault play in the conquest of America? How did American attitudes toward female sexuality evolve, and how was sexuality regulated in the early Republic? Sex and sexuality have always been the subject of much attention, both scholarly and popular. Yet, accounts of the early years of the United States tend to overlook the importance of their influence on the shaping of American culture. Sex and Sexuality in Early America addresses this neglected topic with original research covering a wide spectrum, from sexual behavior to sexual perceptions and imagery. Focusing on the period between the initial contact of Europeans and Native Americans up to 1800, the essays encompass all of colonial North America, including the Caribbean and Spanish territories. Challenging previous assumptions, these essays address such topics as rape as a tool of conquest; perceptions and responses to Native American sexuality; fornication, bastardy, celibacy, and religion in colonial New England; gendered speech in captivity narratives; representations of masculinity in eighteenth- century seduction tales, the sexual cosmos of a southern planter, and sexual transgression and madness in early American fiction. The contributors include Stephanie Wood, Gordon Sayre, Steven Neuwirth, Else L. Hambleton, Erik R. Seeman, Richard Godbeer, Trevor Burnard, Natalie A. Zacek, Wayne Bodle, Heather Smyth, Rodney Hessinger, and Karen A. Weyler.

The Use of Social Science Data in Supreme Court Decisions

Author: Rosemary J. Erickson
Publisher: University of Illinois Press
ISBN: 0252066618
Release Date: 1998
Genre: Law

The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.